[Congressional Record Volume 158, Number 97 (Tuesday, June 26, 2012)]
[House]
[Pages H4029-H4062]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2013
General Leave
Mr. LATHAM. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and to
include extraneous material on H.R. 5972, and that I may include
tabular material on the same.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Iowa?
There was no objection.
The SPEAKER pro tempore. Pursuant to House Resolution 697 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the consideration of the bill, H.R. 5972.
The Chair appoints the gentleman from Washington (Mr. Hastings) to
preside over the Committee of the Whole.
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In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 5972) making appropriations for the Departments of
Transportation, and Housing and Urban Development, and related agencies
for the fiscal year ending September 30, 2013, and for other purposes,
with Mr. Hastings of Washington in the chair.
The Clerk read the title of the bill.
The CHAIR. Pursuant to the rule, the bill is considered read the
first time.
The gentleman from Iowa (Mr. Latham) and the gentleman from
Massachusetts (Mr. Olver) each will control 30 minutes.
The Chair recognizes the gentleman from Iowa.
Mr. LATHAM. I yield myself such time as I may consume.
Mr. Chairman, I'm pleased to present the fiscal year 2013
Transportation, Housing and Urban Development appropriations bill to
the House.
Before we get to the bill, I'd like to take a moment to congratulate
my colleague and ranking member of this subcommittee, John Olver, for
his many years of service. As many of you may know, Mr. Olver is
retiring at the end of this Congress. I have to say he'll be sorely
missed by all of us. This is a better bill because of his relentless
quest for knowledge about its programs. I thank you, John Olver, for
your service, not just to this institution, but to the Nation. Thank
you very, very much. You're a great, great partner. You'll be missed.
The bill before the committee today is a balanced proposal on how to
allocate $51.6 million among Federal housing and transportation
programs across the Nation. Continuing our commitment to reduce
government spending, our allocation is almost $4 billion below fiscal
year 2012 and almost $2 billion below the President's request. The
[[Page H4030]]
bill also reflects the budget resolution that was passed by the House.
Mr. Chairman, we had to make some hard choices on funding levels for
the agencies in this bill. We dedicated ourselves to this task while
recognizing the serious fiscal constraints that the Nation faces. We
also kept this bill largely free of authorizations, leaving that
important work to the Transportation and Infrastructure and Financial
Services Committees. We also rejected many new unauthorized programs
that were proposed by the President. For transportation programs, this
bill focuses on programs most critical to public safety and economic
growth.
We fully fund FAA safety programs and provide $1 billion to advance
the Next Generation of air traffic control. We also fund programs to
support growth in commercial space and unmanned aerial systems, which
will play key roles in keeping these U.S. industries on the global
cutting edge. This bill rejects new fees on air passengers proposed by
the President that would harm our economy at this time.
This bill funds highway and transit programs consistent with last
year's levels but contingent upon reauthorization. Fortunately, Mr.
Chairman, it appears that there's a positive movement on the
transportation bill. Again this bill funds highways and transit
consistent with last year's level but, again, contingent on
reauthorization.
The bill cuts the Amtrak operating subsidy by $116 million below last
year and does not fund the President's request for high-speed rail.
However, the bill does provide $500 million in authorized funds to fix
existing infrastructure on public passenger lines. This will
immediately create jobs, as the CBO has scored it with an almost 80
percent outlay rate in the first year. We believe this is a better
alternative to the administration's high-speed rail proposal.
For housing programs, this bill fully funds renewals of the section 8
vouchers, serving about 2.2 million families. We also provide $75
million for 10,000 new VASH vouchers. Those are for the homeless vets.
We fully fund the budget request in that item. The bill matches the
President's request for $8.7 billion for Project-Based Rental
Assistance. The CDBG is funded at a $3.4 billion level, and HOME is
funded at $1.2 billion.
I'd like to close by saying we tried to be balanced in our approach
with this bill, but we did reject broad, new, unauthorized programs
requested by the President. We also do not include other authorizing
provisions requested by other Members out of deference to the ongoing
work of both the T&I and Financial Services Committees.
I urge my colleagues to support this bill.
Mr. Chairman, I reserve the balance of my time.
Mr. OLVER. I yield myself such time as I may consume.
Mr. Chairman, it is a pleasure to see the Transportation, Housing and
Urban Development and Related Agencies appropriations bill for fiscal
year 2013 considered on the House floor this year. And I thank Chairman
Latham, first, for his kind words, but also for maintaining an
inclusive committee process as this bill was prepared. He has been a
good partner for the past 4 years, and I value our relationship.
I also want to recognize the hard work of the committee staff,
specifically, on the majority side: Dena Baron, Doug Disrud, Sara
Peters, Mike Friedberg, Brian Barnard, and Doug Bobbitt. And on the
minority side: Kate Hallahan, Joe Carlile, and Blair Anderson.
Chairman Latham and I are lucky to have such dedicated staff who work
amiably and respectfully together. They have spent many late nights
putting this bill together, and we would not be here today without
their hard work.
Mr. Chairman, the Republican leadership's decision to ignore last
summer's Budget Control Act agreement has left this bill with an
inadequate allocation to properly fund our transportation and housing
investment needs. The resulting artificially low allocation forced
Chairman Latham to make unnecessary and destructive trade-offs.
Specifically, I have concerns that the Ryan budget forces us to
accept the administration's proposal to fund project-based section 8
contracts for less than a full year. This does not shrink the program
nor reduce the deficit. It simply pushes the costs down the road and
increases uncertainty for private business owners.
I'm also disappointed that this bill does not fund the sustainable
communities initiative.
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However, within the constraints forced upon him, I recognize that
Chairman Latham has put forward a respectable bill that contains a
number of bright spots, including increases for Amtrak, CDBG, the HOME
program, and housing for the elderly, for which he should be commended.
I hope that as the process moves forward and we receive a real
allocation, that these increases will be preserved and that the holes
can be addressed.
Unfortunately, I am concerned that the House Republican leadership's
decision to underfund this bill is not an isolated incident, but is
symptomatic of an ideology that does not understand the value of
infrastructure investment.
This strategy is wrong for America.
Last year, the leaders of the U.S. Chamber of Commerce and the AFL-
CIO, not usually bedfellows, agreed that we must have greater
investment in our Nation's infrastructure in order to create jobs and
to be competitive in the global economy.
A modern, well-maintained transportation network is absolutely
necessary for our economy to grow and the country to prosper.
The breadth of direct and indirect influence of our transportation
networks on the economy is staggering. Our auto manufacturing industry,
its enormous parts supplier base, the national network of gas stations
and its complex distribution system, and the oil industry all thrive
because we have an efficient highway system that people need to use.
The physical construction of roads and railroads requires aggregate
materials processed locally, steel trusses and rebar made by American
companies and crews manned by American workers.
Our transit system supports the domestic manufacturing of buses,
streetcars, and trains, while providing businesses with cost-effective
access to labor pools.
Furthermore, every good produced or consumed in the U.S. must be
transported via our network of roads, rails, and ports. As a result,
the efficiency with which our system operates determines whether
American goods can compete in the global marketplace.
Yet, report after report indicates that we are falling behind. The
American Society of Civil Engineers infrastructure report card gave us
a ``D'' and estimated that more than a $2 trillion investment is
needed. DOT's most recent ``Conditions and Performance Report''
indicates that there is an annual investment gap of $27 billion just to
maintain our current system of highways and bridges in a state of good
repair, and a much larger gap to expand the system to meet the needs of
the growing population.
The United States has the largest economy in the world, yet the World
Economic Forum's most recent ranking drops America's infrastructure
quality to 23rd in the world.
The reason for our infrastructure decline is simple. We are not
raising enough revenue to fund our infrastructure needs. In 2000, the
highway and mass transit accounts raised $35 billion. By 2011, they
only raised $37 billion. When you factor in inflation, we are raising
20 percent fewer dollars for our transportation infrastructure than we
did 10 years ago. This is unsustainable. During the same period, the
U.S. population grew 10 percent to 309 million people; 65 percent of
them live in metropolitan areas having populations greater than 500,000
people.
Our largest 50 metropolitan areas have more than 1 million in
population; 13 of them, all cities in the sunbelt such as Dallas,
Houston, Orlando, Phoenix, and Charlotte, grew more than 25 percent in
one single decade, the last decade. Such burgeoning communities need a
massive, timely expansion of both highway and transit facilities in
order to ensure that rapid population growth doesn't choke their
economies with congestion.
In contrast, 22 of those 50 largest areas, all older mature
metropolitan areas, including Boston, New York, Philadelphia,
Cleveland, Pittsburgh,
[[Page H4031]]
Chicago and Los Angeles, are growing slower than the national average;
but their built-out highway, transit, and commute rail systems are
deteriorating and need a massive, timely program of rehabilitation to
simply reach a state of good repair.
Our rural areas face an even worse problem. The number of counties in
rural America that are losing population is rising rapidly. With that
comes disinvestment in education, health care, and public
infrastructure of all shades. Yet virtually the entire rural road
system must be maintained in a state of good repair or our rural areas
will become ever greater pockets of poverty.
If we are to meet these changing population demographics and provide
a transportation system that functions as a sound foundation and not a
hindrance on our economy, Congress must find the means and grow the
political courage to raise revenue.
The current debate on the surface authorization does not accomplish
that. In fact, the present gridlock of debate is only effective at
slowing economic growth and keeping America's unemployment high. That
cannot be America's goal.
I reserve the balance of my time.
Mr. LATHAM. Mr. Chairman, I am proud to yield 5 minutes to the
chairman of the full committee, the gentleman from Kentucky (Mr.
Rogers).
Mr. ROGERS of Kentucky. Mr. Chairman, I thank the gentleman for
yielding.
I rise in support of this bill. This is the sixth bill that we've
considered on the House floor, which means the House is nearly halfway
done with its appropriations bills for fiscal year 2013. The
Appropriations Committee has considered 11 of the 12 annual bills so
far this year, in record time. I'm proud of our quick and thorough
progress, and also that we have been able to work in regular order,
which has been the goal of this committee from the git-go last January.
The other commitment this committee made at the beginning of the
Congress was to reduce discretionary spending wherever we can. In the
past two fiscal years, we've cut spending by more than $95 billion and
are on our way to continue reductions for a third year in a row.
I've said it before, Mr. Chairman, but this is a historic
accomplishment--a record for spending reductions that this Nation has
not seen since at least World War II.
The fiscal year 2013 Transportation, Housing and Urban Development
Appropriations bill continues this downward trajectory, cutting $4
billion from last year's level, bringing us to the lowest level of
spending for this bill since 2009.
The $15.6 billion included in this bill funds Department of
Transportation agencies like the FAA, the Federal Railroad
Administration, the National Highway Traffic Safety Administration, as
well as critical Housing and Urban Development programs.
Within the Department of Transportation, the bill targets funds
towards programs that improve the reliability, efficiency, and safety
of our Nation's transportation system. This includes reducing
congestion and delays for air travelers by providing nearly $1 billion
for the FAA's NextGen program, carefully funding Amtrak to help build
rail bridges and tunnels, and supporting construction at airports
across the Nation.
These smart investments in America's infrastructure will help create
an environment that supports job creation and spurs economic growth.
Overall, funding for the Department of Housing and Urban Development
is cut by $3.8 billion compared with last year, but we took careful
steps to ensure that this reduction didn't unfairly displace our most
vulnerable populations, including persons with disabilities and the
elderly.
The funding in this section of the bill prioritizes the most
beneficial and cost-effective programs. We are providing section 8
vouchers for 2.2 million families--fully funding the President's
request--and keeping our veterans with roofs over their heads.
We also increased funding for the Community Development Block Grant
program. Throughout the bill, the chairman of the subcommittee has made
policy reforms and conditions that will ensure greater efficiency and
less waste.
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The safe and responsible shepherding of taxpayer dollars is important
government-wide, particularly when dealing with our Nation's
infrastructure and housing.
We help guarantee that taxpayer dollars aren't slipping through the
cracks by implementing strict oversight and eliminating wasteful,
unnecessary programs. To this end, we provided no funding for the
President's High-Speed Rail program, the unauthorized and expensive
Choice Neighborhoods program, or the extraneous TIGER grants program,
among other uneconomical and unnecessary initiatives. Furthermore, the
bill rejects the administration's attempted accounting tricks that
would enact new fees on air travelers.
There are still several moving parts in this section of the bill as
we await reauthorization for the highway trust fund and its mass
transit account. The committee stands ready to adjust the bill, as
needed, if a multiyear authorization should be enacted.
In closing, I want to take a moment to extend my thanks and
congratulations to Chairman Latham, Ranking Member Olver, and the
entire subcommittee for their expert work on this bill. I also want to
thank the staff for both the majority and the minority; without them,
the bill would not be here.
As many of you know, this is Ranking Member Olver's final THUD
appropriations bill before he retires. His leadership and his
expertise, his work on this committee, and his contribution to the
House as a whole are incomparable, and we will certainly miss the
gentleman a great deal. Congratulations, Mr. Olver, for a great career
in this body.
Mr. Chairman, I urge my colleagues to support this bill. It smartly
focuses on our key infrastructure priorities, supports a more
responsible and slimmed down housing department, and holds the line on
discretionary spending to a more sustainable level.
Mr. OLVER. Mr. Chairman, first I want to thank the chairman of the
Appropriations Committee for his kind words as well.
Now I will yield 3 minutes to the gentlelady from Ohio (Ms. Kaptur),
who is a member of the subcommittee.
Ms. KAPTUR. I thank Ranking Member Olver, the gentleman from
Massachusetts, for recognizing me today.
First, I would like to share my appreciation for all of the work that
Congressman Olver has dedicated his life to throughout his two-decade-
long career with intelligence, integrity, and honor. More recently, I
would like to take a moment to recognize the work he has done the past
4 years as both chair and ranking member of the very productive,
bipartisan Transportation, Housing and Urban Development Subcommittee.
His presence, his experience, his moderation, his knowledge, his
collegiality, and his genius will certainly be missed, and we thank him
for his phenomenal service to our country.
With that, I applaud the work that both he and Chairman Latham have
done with the subcommittee FY 2013 legislation. Unfortunately, their
sense of necessary bipartisanship does not extend to the leadership of
this House.
I must reference the beginning of the appropriations process and the
leadership's misguided decision to undermine the Budget Control Act of
2011. The result of our negotiations last summer created a bipartisan
agreement, with discretionary programs having a spending cap of $1.047
trillion. However, the Republican leadership reneged on that deal,
leaving us with $19 billion less for discretionary programs essential
for the American public and the American economy during this crucial
moment of economic recovery.
Despite the fact that they pulled the rug out from under the
committee, on transportation, Amtrak is actually funded somewhat above
the fiscal year 2012 level. You know, America has 300 million people
today, a little bit over that. By 2050 she will have 500 million
people. We simply need leadership in this country to know that we have
to meet the needs of a new day. This bill moves us in that direction.
The legislation also provides renewal of housing contracts for every
eligible individual and family currently receiving them, though for
two-thirds of
[[Page H4032]]
them, they will not get the full year renewal. This is not the moment
to undermine our Nation's housing market further.
Local community programs like CDBG and HOME are funded at less than
adequate levels, but we did the best we could with the allocation. An
important program, the HUD-Veterans Affairs Supportive Housing program,
is fully funded at $75 million, which will provide housing vouchers for
over 10,000 veterans, most of them homeless across our country.
Again, I want to thank Chairman Latham and Ranking Member Olver, as
well as the full committee Chairman Rogers and Ranking Member Dicks for
their work. This bill is constrained by budget realities that continue
to reward Wall Street insiders at the expense of the middle class and
the poor. I alone can't change that, but this bill demonstrates that
the Appropriations Committee does its work of maintaining a stable
Federal Government as fundamental to a stable society in this great
Nation.
Mr. LATHAM. Mr. Chairman, I reserve the balance of my time.
Mr. OLVER. Mr. Chairman, I now yield 3 minutes to the gentlewoman
from California (Ms. Lee), who is a member of the Appropriations
Committee.
Ms. LEE of California. Mr. Chairman, first, let me thank our ranking
member for yielding. But also, I want to thank yourself and our
subcommittee chair and the entire staff for their tireless effort to
bring this appropriations bill to the floor.
I also want to say to the ranking member, Mr. Olver, that I will miss
your thoughtfulness. I will miss your real clarity of purpose on all of
the issues. I will miss your attention to detail and the bipartisan
spirit that you bring to this Appropriations Committee. I just have to
say I wish you the best, as you close this chapter of your life and
begin the next chapter, but I'm going to miss you deeply--as we've
heard tonight and we will hear until you begin this next chapter. So
thank you again so much for your service. And most importantly, I just
want to thank you for your friendship.
Yes, as a member of the Appropriations Committee, I really understand
the constraints which we have been working under, but I cannot support
the inadequate sub-allocation in this bill.
Mr. Chairman, this bill does not meet the basic responsibilities that
we have to the American people. It shortchanges key housing and
transportation initiatives which would rebuild America and put
construction workers back on the job. And in a time of great need, this
bill does not include a single dollar for the TIGER grant program.
Like many communities across the Nation, including in my home
district, especially in my city of Oakland, California, we continue to
struggle with high unemployment and crumbling infrastructure. Smart
investments in infrastructure, such as TIGER grants, create jobs and
fix our infrastructure.
Tonight, Congresswoman Maxine Waters will offer an amendment to add
$500 million in TIGER funding. I'm very proud to cosponsor this
amendment. I appreciate Congresswoman Waters bringing this forward
because this is a very important amendment for us to support. So I hope
all Members will support that $500 million increase in TIGER funding.
In addition to shortchanging our transportation needs, this bill
fails to invest in our Nation's critical affordable housing stock. I
know the chairman and Mr. Olver remember in committee I tried to begin
the debate on increasing the project-based section 8 voucher program
because landlords and developers and tenants are going to be
shortchanged if we don't fix this. Hopefully, that amount will be
increased in the Senate.
Now, in the middle of a housing emergency, gutting support for
affordable housing for our Nation's seniors, the disabled, families and
children, that's just plain wrong. Republicans supported bailouts to
Wall Street, but even the smallest programs to help families on Main
Street like Choice Neighborhoods and Sustainable Communities, those
initiatives are completely zeroed out.
This bill fails to fund the National Affordable Housing Trust Fund,
which Senator Sanders and myself initiated when we both were on the
Banking Committee many years ago.
The CHAIR. The time of the gentlewoman has expired.
Mr. OLVER. I yield an additional minute to the gentlewoman.
Ms. LEE of California. Thank you very much.
This bill, as I said a minute ago, this fails to fund the National
Affordable Housing Trust Fund--very important initiative. Senator
Sanders and myself, we initially put forth this idea when we were both
on the Banking Committee. This was an excellent idea, it was an
excellent bill, it was an excellent program which would build the
desperately needed housing. It would create thousands of construction
jobs, which would of course boost the entire economy.
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This bill that we're debating tonight does not fund that, and that is
really too bad. The American people need Congress to invest in our
Nation's infrastructure. We cannot build a strong and prosperous Nation
if our roads and bridges are crumbling beneath our feet. We cannot
build a strong economy if we leave millions of Americans in poverty at
the risk of homelessness and struggling to find a good-paying job.
So I urge Members to oppose this bill. But again, I want to thank the
chairman and the ranking member for working on the subcommittee bill in
the spirit of bipartisanship. But I think it just falls short for many
of us to support.
Mr. LATHAM. Mr. Chairman, I continue to reserve the balance of my
time.
Mr. OLVER. Mr. Chairman, I yield 2 minutes to the gentlewoman from
Texas (Ms. Jackson Lee).
Ms. JACKSON LEE of Texas. I thank the ranking member, and I thank the
chairman of the full committee, of the subcommittee, both chair and
ranking member.
I do too want to take a moment to thank the ranking member for his
long service to this Nation. As he has been a member of the
Appropriations Committee, we can count his work inside this House. But
I really think the American people, Mr. Olver, owe you a moment of
gratitude for the work and commitments that you've shown in making sure
that those who need help can get help, and I want to pay tribute to you
this evening.
I also want to indicate that we understand that we are living in
difficult times. But I raise concerns about funding, living in the
fourth largest city in the Nation, where we see enormous congestion,
and the importance of transit dollars; $900 million, fortunately, came
to Houston after a long, long wait to build a light-rail system. Those
dollars need to continue.
Housing plays a very important role. In the city of Galveston, for
example, they have been the recipient of $700 million after Hurricane
Ike to use for the restoration of private housing, infrastructure and,
of course, public housing. To cut those lines of funding will, in
essence, impact communities around the Nation that are impacted by
disaster. Losing the full funding of the TIGER grant--and I support the
gentlelady from California, Ms. Waters' amendment to restore those
dollars--they create jobs.
So it is important, as we look at this bill, that we look at it from
the perspective of solving the hurt of Americans who've been impacted
by disaster, of improving mobility, ensuring that we put Americans back
to work with funding for transportation and the infrastructure. I cite
Galveston in particular because there is a conflict going on with
respect to the importance of public and private housing.
The CHAIR. The time of the gentlewoman has expired.
Mr. OLVER. I yield the gentlewoman an additional 1 minute.
Ms. JACKSON LEE of Texas. The situation in Galveston resulted from a
unique impact of Hurricane Ike. Mr. Chairman, most think that the surge
would come from the larger body of water, but the surge came from the
bay and really impacted low-income individuals who didn't have any
flood insurance or had already paid for their house, it had been in
their families for years. And through the largesse of the Congress and
HUD, a $700 million package was presented to restore that area and
those houses and those families, many of whom I visited in tents.
[[Page H4033]]
We have a situation where there's a misunderstanding of the value of
those Federal funds, but we do have those Federal funds; and it is in
tribute to this Congress, and I want to see funds for public housing,
for affordable housing continue.
With that, I would hope that we have an opportunity in the conference
or have an opportunity to restore the funds that have had to be cut,
because they create jobs, they provide a lifeline for those impacted by
disaster, and they create the mobility and infrastructure rebuild that
America needs.
Mr. OLVER. Mr. Chairman, I yield back the balance of my time.
Mr. LATHAM. Mr. Chairman, again, I want to congratulate my good
friend, Mr. Olver, and second what he said. The staff on both sides
does an outstanding job for this subcommittee and for the country. It's
a marvel to watch them work together and to come to this bill.
So with that, Mr. Chairman, I yield back the balance of my time.
The CHAIR. All time for general debate has expired.
Pursuant to the rule, the bill shall be considered for amendment
under the 5-minute rule.
The amendment printed in section 3 of House Resolution 697 is
adopted. During consideration of the bill for further amendment, the
Chair may accord priority in recognition to a Member offering an
amendment who has caused it to be printed in the designated place in
the Congressional Record. Those amendments will be considered read.
The Clerk will read.
The Clerk read as follows:
H.R. 5972
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Departments of
Transportation, and Housing and Urban Development, and
related agencies for the fiscal year ending September 30,
2013, and for other purposes, namely:
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary,
$108,277,000, of which not to exceed $2,635,000 shall be
available for the immediate Office of the Secretary; not to
exceed $992,000 shall be available for the Immediate Office
of the Deputy Secretary; not to exceed $19,615,000 shall be
available for the Office of the General Counsel; not to
exceed $11,248,000 shall be available for the Office of the
Under Secretary of Transportation for Policy; not to exceed
$12,825,000 shall be available for the Office of the
Assistant Secretary for Budget and Programs; not to exceed
$2,601,000 shall be available for the Office of the Assistant
Secretary for Governmental Affairs; not to exceed $27,095,000
shall be available for the Office of the Assistant Secretary
for Administration; not to exceed $2,034,000 shall be
available for the Office of Public Affairs; not to exceed
$1,701,000 shall be available for the Office of the Executive
Secretariat; not to exceed $1,539,000 shall be available for
the Office of Small and Disadvantaged Business Utilization;
not to exceed $10,875,000 for the Office of Intelligence,
Security, and Emergency Response; and not to exceed
$15,117,000 shall be available for the Office of the Chief
Information Officer: Provided, That the Secretary of
Transportation is authorized to transfer funds appropriated
for any office of the Office of the Secretary to any other
office of the Office of the Secretary: Provided further, That
no appropriation for any office shall be increased or
decreased by more than 5 percent by all such transfers:
Provided further, That notice of any change in funding
greater than 5 percent shall be submitted for approval to the
House and Senate Committees on Appropriations: Provided
further, That not to exceed $60,000 shall be for allocation
within the Department for official reception and
representation expenses as the Secretary may determine:
Provided further, That notwithstanding any other provision of
law, excluding fees authorized in Public Law 107-71, there
may be credited to this appropriation up to $2,500,000 in
funds received in user fees: Provided further, That none of
the funds provided in this Act shall be available for the
position of Assistant Secretary for Public Affairs.
Amendment Offered by Ms. Jackson Lee of Texas
Ms. JACKSON LEE of Texas. Mr. Chairman, I have an amendment at the
desk.
The CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 3, line 3, strike ``not to exceed''.
Page 3, line 11, after ``Secretary'' insert ``(except for
the Office of Small and Disadvantaged Business
Utilization)''.
The CHAIR. The gentlewoman is recognized for 5 minutes.
Ms. JACKSON LEE of Texas. Mr. Chairman, again, as I rise to my feet,
I do want to acknowledge both the staffs of the chairman of the
subcommittee and the ranking member of the subcommittee for working
with my office. And I again want to acknowledge the ranking member, Mr.
Olver, again for his service to the Nation, but also for the times that
he has worked with Members over the years and for his commitment,
again, to the most vulnerable.
This is a bill that really addresses the needs of Americans in their
most deepening and expanded need, as I said earlier, mobility, housing,
so crucial, infrastructure, and the ability to create jobs and to do
good in our municipalities and rural areas. But it is also an
opportunity to build capacity, to grow jobs and to build small
businesses. And I know that firsthand, working consistently throughout
a number of appropriations bills and authorization bills and as a
ranking member on the Subcommittee on Transportation Security. In
addition to our main task is to look to the needs and help build
capacity in America's small businesses.
My amendment will ensure the necessary funds that are appropriated
specifically for the Office of Small and Disadvantaged Business
Utilization and the Minority Business Resource Center cannot be used by
the Secretary for any other purpose.
Small businesses, women-owned businesses, minority-owned businesses
represent more than the American Dream. They represent the American
economy. Small businesses account for 95 percent of all employers,
create half of our gross domestic product, provide three out of four
new jobs in this country; and allocation reduction directly undermines
the importance of small businesses, including women-owned businesses
and minority-owned businesses to the success of our economy.
Mr. Chairman, many of our utilization, or the utilization of Federal
funds, going to our local transit agency, for example, in the instance
of Houston Metro, the structure of receiving the funds is something
called ``design build.'' Many around the country are using that format,
which means that the corporation or the retained contractor has
overriding control over the distribution of those funds in the
construction of that light rail.
I celebrate light rail. I celebrate the importance of light rail and
have done so for the time that I've had the privilege of serving
Houston and the 18th Congressional District. But in this instance, it's
important to note that in the course of the design build for Houston
Metro and HRT, they have dropped their commitment to small minority-
and women-owned businesses.
{time} 2000
What did I say?
Dropped the commitment--dropped it poorly, dropped it with a negative
impact, dropped it impacting women-owned businesses and minority-owned
businesses. We've got to get back in order to be able to show that the
utilization of those businesses creates jobs. Small businesses have
lost an estimated $13.8 billion in business opportunity because they
cannot fairly compete for Federal contracts because larger companies
are allowed to bundle contracts. In essence, HRT has self-performed
instead of sharing those dollars.
The Department of Transportation created the Office of Small and
Disadvantaged Business Utilization, OSDBU, as part of the Small
Business Act because it recognizes the threat big businesses pose to
small business success. Since the OSDBU's creation, it has been a voice
for small business and disadvantaged business, ensuring these
businesses are provided with the maximum ability to participate in the
agency's contracting selection process for contract and subcontract
jobs.
These office divisions are numerous. Each of the offices impacts
America's entrepreneurs and business ventures in several key ways. For
instance, the Women's Procurement Assistance Committee provides women-
owned businesses with best practices of business growth and increases
awareness of opportunities.
I met on the job, Mr. Chairman, a woman who had taken over the
business of her husband, who had died of cancer. She had a household to
lead, and she was trying to do this kind of construction work. At the
time, she
[[Page H4034]]
had been given by HRT safety work, just holding up a sign. I'm glad
because of the encouragement, the utilization of this particular
office, our office pushing, that she now is more advanced in the
contract that she is securing. But it has to be encouraged.
This amendment is to ensure that we don't leave out small
disadvantaged, women-owned and minority-owned businesses. The office's
short-term lending program is able to give qualifying small businesses
loans with competitive interest rates for DOT contracts and
subcontracts.
In conjunction with the OSDBU, the Minority Business Resource Center
is responsible for promoting the use of small businesses. My home State
of Texas was chosen as the headquarters for the OSDBU gulf region. In
my home city of Houston, Texas, there are more than 60,000 women-owned
businesses and more than 60,000 African American-owned businesses and
thousands of other businesses--Asian and Latino.
I am asking my colleagues to support this amendment because it is an
amendment that ensures that we put minority-, women-owned and
disadvantaged small businesses to work under this legislation.
Mr. Chair, I rise today to offer my amendments to ``the
Transportation, Housing and Urban Development, and Related Agencies
Appropriations Act for Fiscal Year (FY) 2013.'' My amendments will
assure the necessary funds that are appropriated specifically for the
Office of Small and Disadvantaged Business Utilization and the Minority
Business Resource Center cannot be used by the Secretary for another
purpose, thereby protecting the funds for their intended use.
Small businesses represent more than the American dream--they
represent the American economy. Small businesses account for 95 percent
of all employers, create half of our gross domestic product, and
provide three out of four new jobs in this country. An allocation
reduction directly undermines the importance of small businesses
including women-owned business and minority-owned business to the
success of our economy.
Small businesses have lost an estimated $13.8 billion in business
opportunity because they could not fairly compete for federal contracts
because larger companies are allowed to bundle contracts.
The Department of Transportation created the Office of Small and
Disadvantaged Business Utilization (OSDBU) as part of the Small
Business Act because it recognizes the threat big businesses pose to
small business success.
Since the OSDBU's creation, it has been a voice for small and
disadvantaged business, ensuring these businesses are provided with the
maximum ability to participate in the agency's contracting selection
process for contract and subcontract jobs.
These office divisions are numerous; each of the offices impacts
America's entrepreneurs and business ventures in several key ways. For
instance, its Women's Procurement Assistance Committee (WPAC) provides
women-owned businesses with best practices for business growth and
increases awareness of the opportunities these businesses have to
participate in transportation-related contracts and subcontracts.
The office's short term lending program is able to give qualifying
small business loans with competitive interest rates for DOT contracts
and subcontracts.
In conjunction with the OSDBU, the Minority Business Resource Center
is responsible for promoting the use of small businesses in prime and
subcontracting opportunities in accordance with Federal laws,
regulations and policy.
Through its funding, the Center is able to offer several professional
development services, including: market research, business training,
counseling, technical assistance, and access to capital for
transportation related projects.
My home state of Texas was chosen as the headquarters for the OSDBU
gulf region program.
In my home city of Houston, Texas there are more than 60,000 women
owned businesses, and more than 60,000 African American owned
businesses.
The OSDBU supports qualifying businesses who attempt to secure
contracts and subcontracts with the DOT. In addition, its women
internship program sponsors 12 schools in the gulf region women's
internship program.
Shifting funds for the OSDBU and the Minority Business Resource
Center will hinder its ability to continue fair hiring practices, which
will in turn affect small businesses' ability to secure top contracts,
provide employment opportunities in their community and ultimately
survive in the business world.
This will send the message that Congress is more concerned with the
strength of big business, than assisting the DOT in partnering with
everyday American business men and women who take pride in their
companies, and only aspire to positively empower their communities and
create economic stability in the nation. For these reasons and more I
urge my colleagues to protect funds for the DOT's budget for the
Minority Business Resource Center and the OSDBU.
Moreover, 99 percent of all independent companies and businesses in
the United States are considered small businesses. They are the engine
of our economy, creating two-thirds of the new jobs over the last 15
years. America's 27 million small businesses continue to face a lack of
credit and tight lending standards, with the number of small businesses
loans down nearly 5 million since the financial crisis in 2008.
According to the U.S. Small Business Administration, these small
businesses account for 52 percent of all U.S. workers. These small
businesses also provide a continuing source of vitality for the
American economy. Small businesses in the U.S. produced three-fourths
of the economy's new jobs between 1990 and 1995, and represent an entry
point into the economy for new groups. Women, for instance, participate
heavily in small businesses.
The number of female-owned businesses climbed by 89 percent, to an
estimated 8.1 million, between 1987 and 1997, and women-owned sole
proprietorships were expected to reach 35 percent of all such ventures
by the year 2000. Small firms also tend to hire a greater number of
older workers and people who prefer to work part-time.
A major strength of small businesses is their ability to respond
quickly to changing economic conditions. They often know their
customers personally and are especially suited to meet local needs.
There are tons of stories of start-up companies catching national
attention and growing into large corporations. Just a few examples of
these types of start-up businesses making big include the computer
software company Microsoft; the package delivery service Federal
Express; sports clothing manufacturer Nike; the computer networking
firm America OnLine; and ice cream maker Ben & Jerry's.
We must always ensure that we place a high level of priority on small
businesses.
It is equally important that we work towards ensuring that ALL small
businesses receive the tools and resources necessary for their
continued growth and development.
American small businesses are the heart beat of our nation. I believe
that small businesses represent more than the American dream--they
represent the American economy.
Small businesses account for 95 percent of all employers, create half
of our gross domestic product, and provide three out of four new jobs
in this country.
Small business growth means economic growth for the nation. But to
keep this segment of our economy thriving, entrepreneurs need access to
loans and programs.
Through loans, small business owners can expand their businesses,
hire more workers and provide more goods and services.
I have worked hard to help small business owners to fully realize
their potential. That is why I support my amendments which will ensure
funding directed to entrepreneurial development offices and centers,
such as the office of the Small Disadvantage Business Utilization and
the Minority Business Resource Center are remained in tact. These
initiatives provide counseling in a variety of critical areas,
including business plan development, finance, and marketing. We must
consider what impact changes in this appropriations bill will have on
small businesses.
There are 5.8 million minority owned businesses in the United States,
representing a significant aspect of our economy. In 2007, minority
owned businesses employed nearly 6 million Americans and generated $1
trillion dollars in economic output.
Women owned businesses have increased 20% since 2002, and currently
total close to 8 million. These organizations make up more than half of
all businesses in health care and social assistance.
My home city of Houston, Texas is home to more than 6o,000 women
owned businesses, and more than 60,000 African American owned
businesses.
According to a 2009 report published by the Economic Policy
Institute, ``Starting in 2004, the Small Business Administration (SBA)
set goals for small business participation in federal contracts. It
encouraged agencies to award contracts to companies owned by women,
veterans, and minorities or those located in economically challenged
areas and gave them benchmarks to work toward. The targets are
specific: 23% of contracts to small business, 5% to woman-owned small
businesses, and 3% to disabled veteran-owned and HUBZone small
businesses.''
Women and minority owned businesses generate billions of dollars and
employ millions
[[Page H4035]]
of people. They are certainly qualified to receive these contracts. A
mandatory DOD outreach program would make women and minority owned
businesses aware of all of the contract opportunities available to
them.
FACTS: Small business are important because they:
(1) Represent 99.7 percent of all employer firms,
(2) Employ just over half of all private sector employees,
(3) Pay 44 percent of total U.S. private payroll,
(4) Generated 64 percent of net new jobs over the past 15 years,
(5) Create more than half of the nonfarm private gross domestic
product (GDP),
(6) Hire 40 percent of high tech workers (such as scientists,
engineers, and computer programmers),
(7) Are 52 percent home-based and 2 percent franchises,
(8) Made up 97.3 percent of all identified exporters and produced
30.2 percent of the known export value in FY 2007,
(9) Produce 13 times more patents per employee than large patenting
firms and twice as likely as large firm patents to be among the one
percent most cited.
Mr. LATHAM. Will the gentlewoman yield?
Ms. JACKSON LEE of Texas. I yield to the gentleman from Iowa.
Mr. LATHAM. Mr. Chairman, we will be more than happy to accept the
amendment.
Ms. JACKSON LEE of Texas. I thank the gentleman for accepting the
amendment.
Mr. Chairman, I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the
gentlewoman from Texas (Ms. Jackson Lee).
The amendment was agreed to.
The CHAIR. The Clerk will read.
The Clerk read as follows:
financial management capital
For necessary expenses for upgrading and enhancing the
Department of Transportation's financial systems and re-
engineering business processes, $10,000,000, to remain
available through September 30, 2014.
Amendment Offered by Mr. Connolly of Virginia
Mr. CONNOLLY of Virginia. I have an amendment at the desk.
The CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 4, line 6, after the first dollar amount, insert
``(reduced by $5,000,000)''.
Page 35, line 7, after the dollar amount, insert
``(increased by $5,000,000)''.
The CHAIR. The gentleman is recognized for 5 minutes.
Mr. CONNOLLY of Virginia. Mr. Chairman, my amendment underscores the
point that we need to be doing more, not less, to combat the dangerous
habit of distracted driving on our Nation's roadways.
Earlier this evening, we voted on a motion to instruct conferees on
the highway bill to reject the Senate's bipartisan proposal to partner
with the States on prevention strategies, and the bill before us now
provides no additional funds to address what Transportation Secretary
LaHood has identified as an epidemic in this country. Traffic accidents
caused by distracted driving are on the rise in communities everywhere
in this country.
In my home county, our police department in Fairfax County reported a
48 percent increase in the number of citations issued for distracted
driving in the last year. A recent study by Virginia Tech
Transportation Institute points out 80 percent of all crashes and 65
percent of all near crashes have involved driver distraction.
Nationally, the Department of Transportation reports that more than
416,000 people were injured in distracted driving accidents in 2010.
Tragically, Mr. Chairman, 3,100 of those people were killed.
According to a recent AAA Foundation for Traffic Safety survey, 94
percent of respondents recognized the risks of talking, texting, or
emailing while driving and said such activities are unacceptable. And
87 percent said they supported laws against reading, typing, or sending
text messages while driving. Yet more than one-third of those same
drivers reported they still read or send texts or email while driving.
In fact, the National Highway Traffic Safety Administration estimates
that more than 100,000 drivers are texting and that more than 600,000
are using their cell phones at any given time on our Nation's roadways.
Sending or receiving texts diverts one's attention from the road for
an average of 4.6 seconds. While that may not seem like a long time, at
55 miles per hour, it is the equivalent of driving the length of a
football field without paying attention to the road. A report from the
University of Utah goes so far as to say that using a cell phone to
talk or text delays a driver's reaction time just as much as having a
blood alcohol level of .08, the legal limit.
I congratulate the 39 States, the District of Columbia, and Guam for
taking steps to ban text messaging for all drivers, but the force of
these laws varies. In my home State of Virginia, for example, it is a
secondary offense, so drivers cannot be pulled over or cited unless
they're breaking some other law deemed more serious. That's why we need
to beef up prevention efforts, particularly among younger drivers, Mr.
Chairman.
I hosted a teen driving summit when I was chairman of Fairfax County
a few years ago. Distracted driving is the number one killer of teen
drivers in America. Alcohol-related accidents among teens has,
thankfully, dropped. Teenage traffic fatalities have remained virtually
unchanged, however, as a result of the growth of accidents caused by
the distraction from texting or talking on the phone. What is shocking
is that 35 percent of teens who talk or text while they're behind the
wheel actually do not think they'll get hurt.
I hear my colleagues talk about their support for traffic safety and
about efforts to discourage distracted driving, but I don't see any
tangible actions to address this challenge in each of our communities.
In his blueprint for ending distracted driving, Secretary LaHood
endorses efforts to work with the automakers to apply technology being
marketed to block cells while one is in motion or to improve crash
warning and driver monitoring systems to prevent accidents caused by
distracted driving. The Secretary has also proposed partnering with
States on tougher prevention efforts and public awareness campaigns.
Mr. Chairman, in today's mobile device-driven society, distracted
driving is quickly becoming our greatest obstacle to ensuring safety on
our Nation's roadways, and it will only get worse. I urge my colleagues
to support this simple amendment. It's a modest transfer of funds from
an administrative account to increase distracted driving research and
prevention efforts. This will save lives.
Recently, there was a tragic accident in Iowa of a young lady who was
driving while texting, which caused an accident and a fatality. In my
home county of Fairfax, when I was chairman, I remember having to talk
to the grieving parents of a young woman who had been texting while
driving and who wrapped herself around a tree and died a few short
blocks from her home. Looking in the face of a parent and having to
explain why that could have been prevented is something I hope none of
my colleagues ever have to do. I plead with my colleagues on the other
side to accept this amendment and to save teenage lives.
I yield back the balance of my time.
Mr. LATHAM. I rise in opposition to this amendment.
The CHAIR. The gentleman from Iowa is recognized for 5 minutes.
Mr. LATHAM. Mr. Chairman, it takes $5 million from the DOT's
Financial Management Capital account and puts it in Operations for
Vehicle Safety. Let me say that there is no guarantee that DOT will use
this money as the gentleman has talked about.
{time} 2010
There's no dedication of funds here, obviously.
First, this would eliminate half of the funds the DOT has to make
sure its financial systems are current. I don't need to tell anyone
here how critical it is that DOT's financial systems, which govern the
accurate disbursement of many billions of dollars each year, need to be
kept in a good working state.
Second, this would increase the vehicle safety portion of NHTSA's
operations. We're already giving this account $12 million more than
last year, after it was frozen for the last 3 years straight. We simply
don't need that additional increase.
Again, with these funds, there's no way to dedicate them to
distracted driving.
With that, Mr. Chairman, I would urge a ``no'' vote, and I yield back
the balance of my time.
[[Page H4036]]
Mr. OLVER. Mr. Chairman, I move to strike the last word.
The CHAIR. The gentleman from Massachusetts is recognized for 5
minutes.
Mr. OLVER. Mr. Chairman, I find it a little bit difficult here where
we're taking from one place and putting it into another place. I don't
dispute what the chairman has said about not being certain that the
money will be used for the right purpose at that point; however, the
place where the offset is being made from the Financial Management
Capital program under DOT, that amount leaves that account with the
same amount that was in the account in 2012. That should not be a
particularly onerous change on that score.
On the other hand, the issue that the gentleman from Virginia has
raised, the issue of the distracted driving and how important it is, we
are just losing a lot of young people to distracted driving. There
seems to be no sense that being on a cell phone or an iPad or some
other of the common IT programs that are now available, working with
that doesn't seem to lead to any sense that their driving capacity has
been impaired.
In 2010, NHTSA estimated that more than 3,000 people were killed and
more than 400,000 were injured in distracted driving crashes. Secretary
LaHood has made the elimination of distracted driving one of his key
safety priorities and has requested funding in each of the last three
budgets to do that. It seems to me, with the sense that NHTSA views
this issue of 3,000 killed, as they say, in 2010, 2 years ago already,
and more than 400,000 injured and the Secretary's very strong interest
in the distracted driving issue, that this would be a perfectly
reasonable thing to do.
With that, I will support the gentleman from Virginia's amendment,
and I yield the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Virginia (Mr. Connolly).
The question was taken; and the Chair announced that the noes
appeared to have it.
Mr. CONNOLLY of Virginia. Mr. Chairman, I demand a recorded vote.
The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on
the amendment offered by the gentleman from Virginia will be postponed.
The Clerk will read.
The Clerk read as follows:
cyber security initiatives
For necessary expenses for cyber security initiatives,
including necessary upgrades to wide area network and
information technology infrastructure, improvement of network
perimeter controls and identity management, testing and
assessment of information technology against business,
security, and other requirements, implementation of Federal
cyber security initiatives and information infrastructure
enhancements, implementation of enhanced security controls on
network devices, and enhancement of cyber security workforce
training tools, $6,000,000, to remain available through
September 30, 2014.
office of civil rights
For necessary expenses of the Office of Civil Rights,
$9,773,000.
Amendment Offered by Mr. Broun of Georgia
Mr. BROUN of Georgia. Mr. Chairman, I have an amendment at the desk.
The CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 4, line 22, after the dollar amount, insert ``(reduced
by $389,000)''.
Page 150, line 9, after the dollar amount, insert
``(increased by $389,000)''.
The CHAIR. The gentleman is recognized for 5 minutes.
Mr. BROUN of Georgia. Mr. Chairman, my amendment is very
straightforward. It would simply reduce the overall funding for the
Office of Civil Rights within the Department of Transportation by
$389,000.
This office is one of 13 in the underlying bill which are slated to
receive increases for administrative expenses, despite the fiscal
emergency that we're currently facing. The passage of this amendment
would simply bring this account back to fiscal year 2012 levels.
I see my good friend from Texas, Sheila Jackson Lee. She knows we
have fought together very hard for civil rights and civil liberties
here in this House, in committee as well as on the floor, and believe
very strongly that we need to protect our civil liberties and our civil
rights. But the simple truth is that we're broke as a Nation, and this
amendment would just simply keep funding at the current level instead
of raising it. It would just turn it back--what's proposed in the
underlying bill--to the current level of spending, but not reduce any
functions of this office. It would not prohibit this office from doing
any of its work. It would help, in a small way, to put us back into a
more realistic fiscal state as a Nation because, Mr. Chairman, we just
have to stop spending money that we don't have.
It's across the board. Every bureau, every office, every bit of the
Federal Government needs to not have increases in their costs to the
taxpayer, not have further borrowing of money that we just don't have.
We've just got to stop spending money we don't have. This simple
amendment keeps funding at our current level. That's all it does.
With that, I urge support of my amendment, and I yield back the
balance of my time.
Mr. OLVER. Mr. Chairman, I rise in opposition to the amendment.
The CHAIR. The gentleman from Massachusetts is recognized for 5
minutes.
Mr. OLVER. I yield to the gentlelady from Texas.
Ms. JACKSON LEE of Texas. I thank the gentleman for yielding.
My good friend from Georgia knows we've had a lot of opportunities to
work together on many different issues. It seems as if he is raising an
issue that would have a sense of agreement, but I have to reluctantly
and vigorously oppose the gentleman's amendment.
The Office for Civil Rights in the Department of Transportation
losing the amount of money that he has suggested will deprive that
office of viable and important staff and resources for compliance.
Frankly, this agency governs billions of dollars of Federal dollars.
In addition, it governs actions that deal with accommodations, the
utilization of dollars for small, minority, and disadvantaged
businesses. The civil rights section has been a section that has
ensured that the Federal dollars in transportation are used in a way
that is not discriminatory.
I don't believe, in 2012, we need to be rising to eliminate
opportunity. We need to expand opportunity. The civil rights section of
the Department of Transportation has always been a consistent and
efficient subsection of the agency that has been the guidepost of
ensuring that our Federal dollars are used appropriately as it relates
to Native Americans, used appropriately as it relates to Latinos,
African Americans, Caucasians. It is a civil rights office that
balances and ensures nondiscrimination, including nondiscrimination
against the disabled.
{time} 2020
And, frankly, I believe that because of the massiveness of that
responsibility--particularly as we look at the needs of the disabled in
transportation resources or transportation utilization--that it is
crucial that we do not cut to the existing amount of dollars. This is
not a lot.
So the impact is greater than what the gentleman believes he will
have because he suggests that it is a small amount. It is a great
impact. And I would ask the gentleman to consider this amendment as one
that has a far-reaching impact and that at this point we do not want to
make a statement that civil rights and the equal accommodations that
are necessary and the utilization of Federal dollars is acceptable,
meaning discrimination is acceptable. Nondiscrimination being, if you
will, limited by the funding that has been cut through this amendment.
I would ask that our colleagues oppose the amendment.
Mr. OLVER. Reclaiming my time at this point, I strongly oppose this
amendment.
I think that in this instance, we should understand that the major
task of the Office of Civil Rights is to ensure that discrimination
doesn't occur in the implementation of DOT programs.
The chairman of the subcommittee has already carefully weighed the
needs of the office and made, I think, a responsible judgment as to the
correct funding amount. I urge Members to oppose the amendment.
I yield back the balance of my time.
Mr. LATHAM. I move to strike the last word.
[[Page H4037]]
The Acting CHAIR. The gentleman from Iowa is recognized for 5
minutes.
Mr. LATHAM. Before yielding to the gentleman, just let me make a
quick statement here.
Just so everybody knows, the increase that's in the bill is a simple
increase for inflation to pay for costs such as the GSA rent and one
extra compensable workday. Transportation is important to all parts and
all people in America.
I just don't think this is the right cut to make in this kind of a
bill. And I think we should always keep in mind that on our
allocations, we have written the total appropriation bills to the 1028
number, rather than 1047. This bill already cuts about $4 billion under
last year's funding level.
So with that, I stress my opposition to the amendment, and I would
gladly yield to the gentleman from Georgia.
Mr. BROUN of Georgia. I thank the gentleman from Iowa for yielding.
I believe in ``equal under the law.'' We all ought to be considered
equal, no matter what color our skin is, no matter who the fathers of
our own families are, et cetera. I think everybody should be treated
equally under the law.
And, certainly, as I stated--I apologize if the gentlelady from Texas
thought that I was insinuating that she would agree with this
amendment, because I never had any dreams that she would, frankly.
But with that, I'm introducing a lot of amendments to this bill to
reduce administrative expenses and salaries for many, many of the
different pieces of this underlying bill. And this is just one of many.
But I'm convinced that I need to withdraw this amendment.
I ask unanimous consent to withdraw the amendment.
The Acting CHAIR. Without objection, the amendment is withdrawn.
There was no objection.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:
transportation planning, research, and development
For necessary expenses for conducting transportation
planning, research, systems development, development
activities, and making grants, to remain available until
expended, $8,000,000.
Amendment Offered by Ms. Waters
Ms. WATERS. I have an amendment at the desk.
The CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 5, after line 6, insert the following:
national infrastructure investments
For capital investments in surface transportation
infrastructure, $500,000,000, to remain available through
September 30, 2014: Provided, That the Secretary of
Transportation shall distribute funds provided under this
heading as discretionary grants to be awarded to a State,
local government, transit agency, or a collaboration among
such entities on a competitive basis for projects that will
have a significant impact on the Nation, a metropolitan area,
or a region: Provided further, That projects eligible for
funding provided under this heading shall include, but not be
limited to, highway or bridge projects eligible under title
23, United States Code; public transportation projects
eligible under chapter 53 of title 49, United States Code;
passenger and freight rail transportation projects; and port
infrastructure investments: Provided further, That the
Secretary shall give priority to projects which demonstrate
transportation benefits for existing systems or improve
interconnectivity between modes: Provided further, That the
Secretary may use up to 35 percent of the funds made
available under this heading for the purpose of paying the
subsidy and administrative costs of projects eligible for
Federal credit assistance under chapter 6 of title 23, United
States Code, if the Secretary finds that such use of the
funds would advance the purposes of this paragraph: Provided
further, That in distributing funds provided under this
heading, the Secretary shall take such measures so as to
ensure an equitable geographic distribution of funds, an
appropriate balance in addressing the needs of urban and
rural areas, and the investment in a variety of
transportation modes: Provided further, That a grant funded
under this heading shall be not less than $10,000,000 and not
greater than $200,000,000: Provided further, That not more
than 25 percent of the funds made available under this
heading may be awarded to projects in a single State:
Provided further, That the Federal share of the costs for
which an expenditure is made under this heading shall be, at
the option of the recipient, up to 80 percent: Provided
further, That not less than $120,000,000 of the funds
provided under this heading shall be for projects located in
rural areas: Provided further, That for projects located in
rural areas, the minimum grant size shall be $1,000,000 and
the Secretary may increase the Federal share of costs above
80 percent: Provided further, That projects conducted using
funds provided under this heading must comply with the
requirements of subchapter IV of chapter 31 of title 40,
United States Code: Provided further, That the Secretary
shall conduct a new competition to select the grants and
credit assistance awarded under this heading: Provided
further, That the Secretary may retain up to $20,000,000 of
the funds provided under this heading, and may transfer
portions of those funds to the Administrators of the Federal
Highway Administration, the Federal Transit Administration,
the Federal Railroad Administration and the Federal Maritime
Administration, to fund the award and oversight of grants and
credit assistance made under the National Infrastructure
Investments program: Provided further, That the Secretary
shall give priority to projects that require a contribution
of Federal funds in order to complete an overall financing
package.
Ms. WATERS (during the reading). Mr. Chair, I ask unanimous consent
to dispense with the reading.
The CHAIR. Is there objection to the request of the gentlewoman from
California?
There was no objection.
Mr. LATHAM. Mr. Chairman, I reserve a point of order on the
gentlewoman's amendment.
The Acting CHAIR. The gentleman from Iowa reserves a point of order.
The gentlewoman from California is recognized for 5 minutes.
Ms. WATERS. Mr. Chair, I thank my colleagues Betty McCollum, Barbara
Lee, Emanuel Cleaver, Karen Bass, Laura Richardson, Bobby Rush, and
Doris Matsui all for cosponsoring this amendment. Our amendment will
provide $500 million for the TIGER program, which creates jobs through
investments in transportation infrastructure.
The economy is struggling to recover from the recession. The
unemployment rate has remained above 8 percent nationally for 40
straight months and is even higher in minority communities and in many
areas of the country. Meanwhile, the American Society of Civil
Engineers' ``2009 Report Card for America's Infrastructure'' estimated
that there is a $549.5 billion shortfall in investments in roads and
bridges and an additional $190.1 billion shortfall in investments in
transit.
TIGER, formally known as Transportation Investment Generating
Economic Recovery, is a nationwide competitive grant program that
creates jobs by funding investments in transportation infrastructure by
States, local governments, and transit agencies. TIGER funds projects
that will have a significant impact on our Nation's highway and transit
infrastructure.
TIGER could finance a wide variety of innovative highway, bridge, and
transit projects in urban and rural communities all across this
country, provided there is sufficient funding. One such project is the
Crenshaw/LAX transit corridor in Los Angeles County, a light-rail
project that will run through my district. TIGER grants could be used
to finance stations along this corridor in the communities of Leimert
Park and Westchester, thereby ensuring that these communities have
access to light rail.
According to Transportation Secretary Ray LaHood:
These are innovative 21st-century projects that will change
the U.S. transportation landscape by strengthening the
economy and creating jobs, reducing gridlock and providing
safe, affordable, and environmentally sustainable
transportation choices.
TIGER received an appropriation of $500 million in fiscal year 2012,
and the President requested $500 million for the program in funding
year 2013. Unfortunately, THUD does not include any funding for TIGER.
Our amendment would create jobs by funding TIGER at the requested level
without cutting funding for other programs.
Last week, I introduced H.R. 5976, the TIGER Grants for Job Creation
Act, which would provide a supplemental emergency appropriation of $1
billion over the next 2 years for the TIGER program; and 44 of my
colleagues have already cosponsored this bill.
So I would ask my colleagues to take a look at what is happening in
our economy. I think we can all agree this economy needs stimulating.
And certainly I'm not talking about stimulating just for stimulating's
sake. I'm talking about stimulating for job creation and for the repair
of the infrastructure of this country.
We have too many bridges that have been rated unsafe. We saw what
happened in Minnesota just a couple of
[[Page H4038]]
years ago when the bridge fell; and I want to tell you, when the
bridges start to fall and the infrastructure simply disintegrates,
we're all going to sit around and scratch our heads and say how sorry
we are. We're going to go to our constituents and tell them, We will
never let it happen again. We have the opportunity to get in the
forefront of providing this stimulus to our economy and creating jobs.
Our constituents want to work. They want jobs. So I would urge my
colleagues to support the TIGER amendment, invest in our crumbling
infrastructure, and create good jobs in communities across the United
States.
I would yield the balance of my time to the gentlelady from Ohio.
{time} 2030
Ms. KAPTUR. I thank the gentlelady for yielding.
I rise in support of the Waters TIGER grant amendment. I agree with
the gentlelady that there's no stronger job creator than investment in
transportation: Bridges, transit systems, overpasses, passenger rail,
port development. It makes America more efficient, and it makes us more
competitive. And there's never been a more critical moment than now to
do it.
As kids, we used to sing this song:
London bridge is falling down, falling down. London bridge is falling
down. One, two, three, we all fall down.
Well, we saw what happened in Minnesota when that bridge fell down.
In Cleveland, the Inner Belt Bridge project did not receive the $125
million needed to continue to replace the aging I-90 bridge. The
current bridge is being used well beyond its intended lifespan, and is
the same design as the bridge that collapsed in Minneapolis in 2007.
In NW Ohio, there is a smaller project in need of funding. McCord
Road in Holland, Ohio is the site of Nortfolk Southern's main line and
Amtrak. Two high school students from Springfield High School were
involved in a tragic accident there in 2009--one lost their life and
one was permanently injured, having lost a leg.
The McCord Road project requested just $10 million. However, it did
not receive funding with this round of TIGER grants.
There are thousands more projects like this across the Nation, both
large and small, but all in great need of investment from the federal
government.
I urge my colleagues to support this funding for National
Infrastructure Investments. Let's build America's homeland forward and
put America to work in the process.
Point of Order
Mr. LATHAM. Mr. Chairman, I make a point of order against the
amendment because it proposes to change existing law and constitutes
legislation in an appropriation bill and therefore it violates clause 2
of rule XXI.
The rule states, in pertinent part:
``An amendment to a general appropriation bill shall not be in order
if changing existing law.'' The amendment gives affirmative direction
in effect and imposes additional duties.
I ask for a ruling from the Chair.
The CHAIR. Does any Member wish to be heard on the point of order?
Ms. WATERS. Mr. Chairman, I rise to speak on the point of order.
The CHAIR. The gentlewoman from California is recognized.
Ms. WATERS. In the limited time that we have to speak on these
important issues, I have tried to point out the high unemployment in
this country and how we can put Americans to work repairing crumbling
roads and building transit facilities across our great country. I don't
see any need to have to expand on this anymore. I think the point is
perfectly clear that we need to fund this TIGER grant.
With the economy still struggling to recover from the recession and
millions of Americans looking for work, we should not be arguing about
offsets. TIGER has always been funded through the appropriations
process. TIGER was first created----
The CHAIR. The gentlewoman will suspend. The gentlewoman must speak
to the point of order.
Ms. WATERS. A point of order has been raised because there is no
offset. And I agree there is no offset. But I make the point that we
have such a critical need for jobs and investment in our infrastructure
and this economy that we should not stop this from going forward simply
because of the offset. We can afford to fund investment in this
country.
That's my opposition to the point of order.
The CHAIR. Does any other Member wish to be heard on the point of
order?
The Chair recognizes the gentlewoman from Texas.
Ms. JACKSON LEE of Texas. First of all, I want to congratulate the
gentlelady from California for an insightful amendment, and I
understand the dilemma that the chairman of the subcommittee is in. But
what I would suggest is that we are in such a crisis as relates to both
jobs and the needs of urban America, rural America, that the point of
order should be waived. And it can be waived. We have waived points of
order on a number of occasions. In this instance, I think we have a
moment when you have zeroed out for whatever the purposes or reasons
for zeroing out, and there's not even minimal amounts of money in the
TIGER funding. None at all.
Having just left my district on this past Friday, receiving $15
million in TIGER grants, the first that the city of Houston, the
fourth-largest city in the Nation, has ever received, but in that
granting there were urban and rural grantees that were able to create
jobs.
The CHAIR. The gentlewoman will suspend. The gentlewoman must confine
her remarks to the point of order.
Ms. JACKSON LEE of Texas. Thank you, Mr. Chairman.
And so my argument would be that because of the economic crisis, this
is warranting a waiver of the point of order so the gentlelady's
amendment can go forward: $500 million that will be utilized to create
jobs to rebuild urban and rural America.
I would ask that the point of order be waived.
The CHAIR. Does any other Member wish to be heard on the point of
order?
Ms. KAPTUR. I rise to speak against the point of order.
The CHAIR. The gentlewoman from Ohio is recognized.
Ms. KAPTUR. I wish to say it's amazing what we can find money for and
what we can't find money for. When Wall Street came in here, in a flash
in a weekend, $700 billion walked out the door--a thousand times more
than the gentlelady is asking for. And it would seem to me that with
this point of order, there's never been a more critical time in our
country to waive it in order to do the job of America.
I mentioned the Minneapolis bridge that collapsed. Well, I can tell
you we have one in Cleveland that's ready to do the same. It's the same
design.
What could be more important than investing in this country, creating
jobs, and meeting these unmet national needs. In western Ohio, we have
McCord Road, the site of a major Norfolk Southern mainline in Amtrak,
and young people were killed there at grade. And now they delayed that
project decades rather than doing the kind of grade crossing that's
needed.
Mr. Chairman, you can talk about points of order, but the most
important point of order is keep the Nation in order. And I think the
most important way we can do that is to keep this transportation
funding flowing, making our Nation more competitive, creating jobs, and
leaving a legacy to the future better than we found it. So I strongly
support the gentlelady's amendment and object to the point of order and
ask, along with my colleagues, that it be waived.
The CHAIR. Does any other Member wish to speak on the point of order?
If not, the Chair is prepared to rule.
The Chair finds that this amendment includes language imparting
direction to the Secretary of Transportation. The amendment therefore
constitutes legislation in violation of clause 2 of rule XXI. The point
of order is sustained and the amendment is not in order.
The Clerk will read.
The Clerk read as follows:
working capital fund
For necessary expenses for operating costs and capital
outlays of the Working Capital Fund, not to exceed
$174,128,000 shall be paid from appropriations made available
to the Department of Transportation: Provided, That such
services shall be provided on a competitive basis to entities
within the Department of Transportation: Provided further,
That the above limitation on operating expenses shall not
apply to non-DOT entities: Provided further, That no funds
appropriated in this Act to an agency of the Department shall
be transferred to the Working Capital Fund without majority
approval of the Working Capital Fund Steering Committee
[[Page H4039]]
and approval of the Secretary: Provided further, That no
assessments may be levied against any program, budget
activity, subactivity or project funded by this Act unless
notice of such assessments and the basis therefor are
presented to the House and Senate Committees on
Appropriations and are approved by such Committees.
minority business resource center program
For the cost of guaranteed loans, $418,000, as authorized
by 49 U.S.C. 332: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not to
exceed $21,955,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, $867,388.
minority business outreach
For necessary expenses of Minority Business Resource Center
outreach activities, $3,234,000, to remain available until
September 30, 2014: Provided, That notwithstanding 49 U.S.C.
332, these funds may be used for business opportunities
related to any mode of transportation.
payments to air carriers
(airport and airway trust fund)
(including transfer of funds)
In addition to funds made available from any other source
to carry out the essential air service program under 49
U.S.C. 41731 through 41742, $114,000,000, to be derived from
the Airport and Airway Trust Fund, to remain available until
expended: Provided, That in determining between or among
carriers competing to provide service to a community, the
Secretary may consider the relative subsidy requirements of
the carriers: Provided further, That no funds made available
under section 41742 of title 49, United States Code, and no
funds made available in this Act or any other Act in any
fiscal year, shall be available to carry out the essential
air service program under sections 41731 through 41742 of
such title 49 in communities in the 48 contiguous States
unless the community received subsidized essential air
service or received a 90-day notice of intent to terminate
service and the Secretary required the air carrier to
continue to provide service to the community at any time
between September 30, 2010, and September 30, 2011,
inclusive: Provided further, That basic essential air service
minimum requirements shall not include the 15-passenger
capacity requirement under subsection 41732(b)(3) of title
49, United States Code: Provided further, That if the funds
under this heading are insufficient to meet the costs of the
essential air service program in the current fiscal year, the
Secretary shall transfer such sums as may be necessary to
carry out the essential air service program from any
available amounts appropriated to or directly administered by
the Office of the Secretary for such fiscal year.
Amendment Offered by Mr. McClintock
Mr. McCLINTOCK. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 6, line 23, after the dollar amount, insert ``(reduced
to $0)''.
Page 150, line 9, after the dollar amount, insert
``(increased by $114,000,000)''.
The CHAIR. The gentleman from California is recognized for 5 minutes.
Mr. McCLINTOCK. If the House is to live up to the promises the
Republican majority made to the American people to bring spending under
control, some tough choices are going to have to be made. This
amendment, however, is not one of them. This is about the easiest
choice that the House could possibly make to put an end to the so-
called ``Essential Air Service'' that lavishly subsidizes some of the
least essential air services in the country.
This program shells out nearly $200 million a year, including $114
million of direct taxpayer subsidies, to support empty and near-empty
flights from selected airports in tiny communities, most of which are
just a few hours' drive from major airports. A reporter recently
investigating this waste took one of these flights from Ely, Nevada,
and was the only passenger on that flight. Our constituents paid $1.8
million for this air service that carried just 227 passengers during
the entire year. Ely is a 3\1/2\-hour drive from Salt Lake City
International Airport.
Thief River Falls, Minnesota, is considered an Essential Air Service
airport, despite the fact that it's just a 1 hour and 9 minutes drive
to Grand Forks International Airport in North Dakota. Hagerstown is
just 75 miles from Baltimore, but subsidizing their air flights is
considered an ``essential air service.''
Now it's true there are a few tiny communities in Alaska--like Kake's
700 hearty souls--that have no highway connections to hub airports, but
they've got plenty of alternatives. In the case of Kake, Alaska, they
enjoy year-round ferry service to Juneau. In addition, Alaska is well
served by a thriving general aviation market and the ubiquitous bush
pilot.
Rural life has both great advantages and great disadvantages, but it
is not the job of hardworking taxpayers who choose to live elsewhere to
level out the differences.
{time} 2040
Apologists for this wasteful spending tell us it is an important
economic driver for these small towns--and I'm sure that's so. Whenever
you give away money, the folks you're giving it to are always better
off. But the folks you're taking it away from are always worse off to
exactly the same extent. Indeed, it is economic drivers like this that
have driven Greece's economy right off a cliff.
An airline so reckless with its funds as to manage its affairs in
such a ludicrous way would quickly bankrupt itself. As we can plainly
see, the same principle holds true for governments.
This was a temporary program set up when we deregulated commercial
aviation during the Carter administration. It was supposed to last a
few years to give rural communities a chance to adjust. That was 34
years ago.
In 2010, in one of the most decisive congressional elections in
American history, voters entrusted the House to Republicans with a
crystal clear mandate: Stop wasting our money.
Last year, the House responded to this mandate by voting to eliminate
Essential Air Service subsidies in the FAA reauthorization bill. So
what's the response of the House Appropriations Committee? They do not
eliminate funding for this wasteful program. They do not reduce funding
for it. No, they increase funding by 11 percent in a single year to a
new historic high.
Mr. Chairman, our Nation is borrowing 40 cents of every dollar that
it is spending. It has lost its AAA credit rating. Its taxpayers are
exhausted. Its treasury is empty. Our children are staggering under a
mountain of debt that will impoverish them for years to come, and yet
the House Appropriations Committee, in defiance of last year's decision
by the House to eliminate this program, has just voted a double-digit
percentage increase for a program that flies near empty planes across
the country.
I think we can do better than that. I offer instead this amendment to
stop fleecing taxpayers for this expensive folly. I believe that House
Republicans will ultimately prove themselves worthy of the trust the
American people have given them in this perilous hour in our Nation's
history. I believe that House Republicans can summon the fortitude to
save our country from financial wreck and ruin. And I offer this
amendment to put that day to a modest test.
I yield back the balance of my time.
Mr. OLVER. Mr. Chairman, I rise in opposition to the amendment.
The CHAIR. The gentleman from Massachusetts is recognized for 5
minutes.
Mr. OLVER. Mr. Chairman, I think what we have is a rather classical
kind of situation. The gentleman from California, I suspect, has no
Essential Air Service site in his district, but there are 100
communities, more than 100 communities around the country, some of them
in very isolated circumstances. I don't know about the situation in the
case of the one from Baltimore, but it must be somebody who is on the
east shore and gets Essential Air Service out of Cambridge, Maryland,
or some other place like that, that is of great significance to them
and might be of some significance to the person who represents that
eastern shore of Maryland.
He uses several times in several ways the example of Alaska. Alaska
happens to be a territory with huge distances and relatively
unpopulated, and they don't have any roads in much of Alaska and so the
only way they can get in and out is by air, or maybe in the wintertime
by dog sled. So I think it is really presumptuous of the gentleman from
California to attack all of this program of essential air services
covering services in a lot of the rural parts of this country.
I have none in my district. Many of the urban areas obviously do not
have any in their area. But the Montanas and the much more rural
States, elsewhere in the mountain States and so
[[Page H4040]]
on, there are numerous of them that use the Essential Air Service, and
I think that the idea of simply zeroing this one out, in a petulance
almost, is really quite inappropriate.
So I strongly oppose the amendment and hope that Members will not
agree to this amendment.
I yield back the balance of my time.
Mr. LATHAM. Mr. Chairman, I move to strike the last word.
The CHAIR. The gentleman from Iowa is recognized for 5 minutes.
Mr. LATHAM. Mr. Chairman, I rise in opposition to the gentleman's
amendment.
The Essential Air Service program ensures that small and rural
communities have access to the national air transportation system. This
program plays a key role in the economic development of many rural
communities by ensuring that air service continues. Does the program
need reform? Absolutely. That's why last year we capped the program to
existing communities and have removed the requirement that larger and
more expensive planes must be used in the program.
In addition, the authorizers instituted a $1,000 per passenger
subsidy cap and limited participation in the program to communities
that have more than 10 enplanements per day.
This amendment would be devastating to at least 150 rural
communities. In places like Iowa, it plays an essential role as far as
the economic development of those communities.
With that, Mr. Chairman, I urge defeat of the amendment, and I yield
back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from California (Mr. McClintock).
The question was taken; and the Chair announced that the noes
appeared to have it.
Mr. McCLINTOCK. Mr. Chairman, I demand a recorded vote.
The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on
the amendment offered by the gentleman from California will be
postponed.
Ms. BASS of California. Mr. Chairman, I move to strike the last word.
The CHAIR. The gentlewoman is recognized for 5 minutes.
Ms. BASS of California. I rise to commend Congresswoman Maxine Waters
for offering her TIGER grant amendment. The Transportation Investment
Generating Economic Recovery, or TIGER, grant program invests in
innovative road, rail, transit, and port projects.
Projects funded through TIGER strengthen the economy, create jobs,
reduce traffic, and provide safe, affordable, and environmentally
sustainable transportation choices. TIGER delivers projects faster and
saves taxpayer dollars by reducing construction costs.
In my Los Angeles district, TIGER has provided significant
opportunity. In fact, TIGER has provided resources for the Crenshaw/LAX
Transit Corridor project, a light rail line that will connect key
communities to the Los Angeles International Airport.
I look forward to continue working with my respected colleague,
Maxine Waters, to advocate for a comprehensive and community-valued
Crenshaw/LAX Transit Corridor project that will include a station at
Vernon Avenue in the historic Leimert Park Village, a neighborhood
which serves as the central arts and cultural hub of Los Angeles
County's African American community.
The TIGER grant program is critical to the success of the Crenshaw/
LAX light rail line, as well as many projects like it throughout the
country.
I am sorry that the amendment was ruled out of order. I think that
that was a mistake on our part.
I yield back the balance of my time.
The CHAIR. The Clerk will read.
The Clerk read as follows:
administrative provisions--office of the secretary of transportation
Sec. 101. None of the funds made available in this Act to
the Department of Transportation may be obligated for the
Office of the Secretary of Transportation to approve
assessments or reimbursable agreements pertaining to funds
appropriated to the modal administrations in this Act, except
for activities underway on the date of enactment of this Act,
unless such assessments or agreements have completed the
normal reprogramming process for Congressional notification.
Sec. 102. The Secretary or his designee may engage in
activities with States and State legislators to consider
proposals related to the reduction of motorcycle fatalities.
Sec. 103. Notwithstanding section 3324 of title 31, United
States Code, in addition to authority provided by section 327
of title 49, United States Code, the Department's Working
Capital Fund is hereby authorized to provide payments in
advance to vendors that are necessary to carry out the
Federal transit pass transportation fringe benefit program
under Executive Order 13150 and section 3049 of Public Law
109-59: Provided, That the Department shall include adequate
safeguards in the contract with the vendors to ensure timely
and high-quality performance under the contract.
Sec. 104. The Secretary shall post on the Web site of the
Department of Transportation a schedule of all meetings of
the Credit Council, including the agenda for each meeting,
and require the Credit Council to record the decisions and
actions of each meeting.
Federal Aviation Administration
operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation
Administration, not otherwise provided for, including
operations and research activities related to commercial
space transportation, administrative expenses for research
and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of
aircraft, subsidizing the cost of aeronautical charts and
maps sold to the public, lease or purchase of passenger motor
vehicles for replacement only, in addition to amounts made
available by Public Law 108-176, $9,718,000,000, of which
$4,682,500,000 shall be derived from the Airport and Airway
Trust Fund, of which not to exceed $7,513,850,000 shall be
available for air traffic organization activities; not to
exceed $1,255,000,000 shall be available for aviation safety
activities; not to exceed $16,700,000 shall be available for
commercial space transportation activities; not to exceed
$573,591,000 shall be available for finance and management
activities; not to exceed $60,064,000 shall be available for
NextGen and operations planning activities; and not to exceed
$298,795,000 shall be available for staff offices: Provided,
That not to exceed 2 percent of any budget activity, except
for aviation safety budget activity, may be transferred to
any budget activity under this heading: Provided further,
That no transfer may increase or decrease any appropriation
by more than 2 percent: Provided further, That any transfer
in excess of 2 percent shall be treated as a reprogramming of
funds under section 405 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section: Provided
further, That not later than March 31 of each fiscal year
hereafter, the Administrator of the Federal Aviation
Administration shall transmit to Congress an annual update to
the report submitted to Congress in December 2004 pursuant to
section 221 of Public Law 108-176: Provided further, That the
amount herein appropriated shall be reduced by $100,000 for
each day after March 31 that such report has not been
submitted to the Congress: Provided further, That not later
than March 31 of each fiscal year hereafter, the
Administrator shall transmit to Congress a companion report
that describes a comprehensive strategy for staffing, hiring,
and training flight standards and aircraft certification
staff in a format similar to the one utilized for the
controller staffing plan, including stated attrition
estimates and numerical hiring goals by fiscal year: Provided
further, That the amount herein appropriated shall be reduced
by $100,000 per day for each day after March 31 that such
report has not been submitted to Congress: Provided further,
That funds may be used to enter into a grant agreement with a
nonprofit standard-setting organization to assist in the
development of aviation safety standards: Provided further,
That none of the funds in this Act shall be available for new
applicants for the second career training program: Provided
further, That none of the funds in this Act shall be
available for the Federal Aviation Administration to finalize
or implement any regulation that would promulgate new
aviation user fees not specifically authorized by law after
the date of the enactment of this Act: Provided further, That
there may be credited to this appropriation as offsetting
collections funds received from States, counties,
municipalities, foreign authorities, other public
authorities, and private sources, for expenses incurred in
the provision of agency services, including receipts for the
maintenance and operation of air navigation facilities, and
for issuance, renewal or modification of certificates,
including airman, aircraft, and repair station certificates,
or for tests related thereto, or for processing major repair
or alteration forms: Provided further, That of the funds
appropriated under this heading, not less than $10,350,000
shall be for the contract tower cost-sharing program:
Provided further, That none of the funds in this Act for
aeronautical charting and cartography are available for
activities conducted by, or coordinated through, the Working
Capital Fund.
{time} 2050
Amendment Offered by Mr. Clarke of Michigan
Mr. CLARKE of Michigan. Mr. Chairman, I have an amendment at the
desk.
The CHAIR. The Clerk will report the amendment.
[[Page H4041]]
The Clerk read as follows:
Page 9, line 18, after the dollar amount, insert ``(reduced
by $10,000,000)''.
Page 9, line 25, after the dollar amount, insert ``(reduced
by $5,000,000)''.
Page 10, line 3, after the dollar amount, insert ``(reduced
by $5,000,000)''.
Page 49, line 9, after the dollar amount, insert
``(increased by $10,000,000)''.
Mr. LATHAM. Mr. Chairman, I reserve a point of order.
The CHAIR. A point of order is reserved.
The gentleman from Michigan is recognized for 5 minutes on his
amendment.
Mr. CLARKE of Michigan. Mr. Chairman, my amendment would add $10
million to the Federal Transit Administration's formula and bus grants.
I do this to give our elderly and physically disabled a chance to get
around their community.
Many of our disabled and elderly aren't working. They don't have the
money to afford a car, to afford car insurance, especially in the city
of Detroit where insurance rates are really prohibitive for many
people. This allocation of an additional $10 million would provide the
elderly and our citizens who are physically disabled with the mobility
that they need to enjoy their lives, and I urge your support.
Mr. Chairman, I yield back the balance of my time.
Point of Order
Mr. LATHAM. Mr. Chairman, I must insist on my point of order.
The amendment proposes to amend portions of the bill that have not
been read. The amendment may not be considered en bloc under clause
2(f) of rule XXI because the amendment does not propose to transfer
funds among objects in the bill, as required by clause 2(f).
I ask for a ruling of the Chair.
The CHAIR. Does any Member wish to be heard on the point of order?
The gentleman from Michigan is recognized on the point of order.
Mr. CLARKE of Michigan. Mr. Chairman, I would request that the bill
be read, to the extent that the gentleman had an issue about the bill
not being read.
The CHAIR. Does the gentleman ask unanimous consent to reach ahead in
the reading to allow the en bloc amendment?
Mr. CLARKE of Michigan. I do, Mr. Chairman.
The CHAIR. Is there objection to the request of the gentleman from
Michigan?
Mr. LATHAM. I object.
The CHAIR. Objection is heard.
Does any Member wish to be heard on the point of order? If not, the
Chair is prepared to rule.
To be considered en bloc pursuant to clause 2(f) of rule XXI, an
amendment must propose only to transfer appropriations among objects in
the bill. Because the amendment offered by the gentleman from Michigan
proposes also another kind of change in the bill, namely, increasing a
limitation on obligations from the Highway Trust Fund, it may not avail
itself of clause 2(f) to address portions of the bill not yet read.
Therefore, the amendment is not in order and the point of order is
sustained.
Ms. RICHARDSON. Mr. Chairman, I move to strike the last word.
The CHAIR. The gentlewoman from California is recognized for 5
minutes.
Ms. RICHARDSON. Mr. Chairman, I rise today in support of the Waters-
McCollum-Lee-Cleaver-Bass-Richardson-Rush-Matsui amendment which,
unfortunately, was not found in order. I would hope that the Members
here, the leadership, would reconsider that decision.
I'm strongly in support of seeking to restore the $500 million for an
additional year of the widely popular and highly successful, might I
say, TIGER grant program.
As a member of the Committee on Transportation and Infrastructure and
as a Representative of one of the most transportation-intensive
infrastructure districts in the country, I know how important it is to
maintain an efficient transportation infrastructure that will help our
country remain competitive globally, throughout this country and in the
world.
The TIGER program enables DOT to use a rigorous process to select
projects with exceptional benefits to explore ways to deliver projects
faster and to save on construction costs. It also enables us to make
investments in our Nation's infrastructure and to make communities more
livable and sustainable.
The 2012 TIGER IV program received 703 grant applications, requesting
a total of $10.2 billion from all 50 States, including the U.S.
territories and the District of Columbia. The first three TIGER
programs received nearly 2,250 applications, requesting more than $95
billion.
Now, some might say certainly we must have our financial house in
order and we have to really look at how we spend the dollars that are
available. But I would argue before the committee today that TIGER
grants was actually a program that was used, it was well monitored. The
programs were brought forward, and they were done at a benefit not only
for the funding initially of those programs, but for the jobs that they
provided as well.
Clearly, there is a need for additional investment in our country's
infrastructure. We have reports in my area, for example, in California
of many of the roads and the highways where we receive a D grade due to
the lack of the quality of infrastructure in our community.
Of the 47 projects that were funded in the most recent round of TIGER
grants, nearly 16 percent went specifically to port infrastructure,
according to the American Association of Port Authorities, which
calculated $69.7 million would be directed to the ports.
Funding these projects is crucial to the U.S. port facilities. It
supports 13.3 million jobs and accounts for $3.15 trillion in business
activity that by having better roads and infrastructure we can
continue, and the TIGER grants help us to do that.
In addition to restoring the full $500 million for the TIGER program,
I believe that the conference report that comes before this body should
contain the Senate's MAP-21 National Freight program and the Projects
of National and Regional Significance program.
Since coming to Congress, I have advocated for a National Freight
program and policy, and that's why I introduced H.R. 1122, the Freight
FOCUS Act. The Freight FOCUS Act establishes the Office of Freight
Planning and Development within the Department of Transportation to
coordinate a national freight policy. By creating a national freight
advisory committee, private and public sector entities would have
direct input into funding priorities and planning.
The National Freight program would provide over $2 billion a year to
upgrade our Nation's goods movement system. That equates to $336
million to the State of California, alone, over 2 years for freight
infrastructure upgrades. These funds are critical to areas like mine, a
district where over 40 percent of our entire Nation's cargo goes
through the Port of Los Angeles and Long Beach and, ultimately, through
my district.
In addition to MAP-21, which would authorize $1 billion for the
Projects of National and Regional Significance, according to the
Bloomberg Government report, the cost of congestion to the trucking
industry totalled $23 billion in 2010, almost a quarter of the cost of
congestion to the entire economy.
Investing in key intermodal links, such as the Gerald Desmond Bridge,
which was a project that was funded through the Projects of National
Significance, these links and the jobs that are associated to them are
vital to us moving goods throughout this country.
Without programs like TIGER and PNRS, critical infrastructure like
the Gerald Desmond Bridge--that has a diaper underneath it catching
concrete, which Chairman Mica visited and saw himself--these types of
bridges would continue to crumble and put a vital link to our Nation's
largest seaports to consumers at risk.
I would like to encourage my colleagues to accept, even though it's
been initially found out of order, to reconsider that effort, and hope,
as we go forward, there will be a greater precedence, as the committee
report comes out, for the National Freight program and the Projects of
Regional Significance. I look forward to the decision and support in
the future.
I yield back the balance of my time.
Mr. CLARKE of Michigan. Mr. Chairman, I move to strike the last word.
The CHAIR. The gentleman is recognized for 5 minutes.
[[Page H4042]]
Mr. CLARKE of Michigan. Mr. Chairman, I do understand the procedural
limitations raised by the gentleman from Iowa on my amendment. My goal
here was to provide those citizens with physical disabilities some way
to get around their community because, many times, even if they can
afford to buy a vehicle or auto insurance, they may not be able to
drive that vehicle.
I look forward to working with the subcommittee chair, the gentleman
from Iowa, on other ways that we could better serve our citizens who
are elderly and who have physical disabilities.
Mr. LATHAM. If the gentleman would yield, I would just say that I
would hope the authorizers come back with a robust number for you, and
that we'll be happy to try to work with the gentleman.
Mr. CLARKE of Michigan. Thank you very much. I yield back the balance
of my time.
{time} 2100
The Acting CHAIR (Mrs. Roby). The Clerk will read.
The Clerk read as follows:
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services,
improvement by contract or purchase, and hire of national
airspace systems and experimental facilities and equipment,
as authorized under part A of subtitle VII of title 49,
United States Code, including initial acquisition of
necessary sites by lease or grant; engineering and service
testing, including construction of test facilities and
acquisition of necessary sites by lease or grant;
construction and furnishing of quarters and related
accommodations for officers and employees of the Federal
Aviation Administration stationed at remote localities where
such accommodations are not available; and the purchase,
lease, or transfer of aircraft from funds available under
this heading, including aircraft for aviation regulation and
certification; to be derived from the Airport and Airway
Trust Fund, $2,749,596,000 of which $480,000,000 shall remain
available until September 30, 2013, and of which
$2,269,596,000 shall remain available until September 30,
2015: Provided, That there may be credited to this
appropriation funds received from States, counties,
municipalities, other public authorities, and private
sources, for expenses incurred in the establishment,
improvement, and modernization of national airspace systems:
Provided further, That upon initial submission to the
Congress of the fiscal year 2014 President's budget, the
Secretary of Transportation shall transmit to the Congress a
comprehensive capital investment plan for the Federal
Aviation Administration which includes funding for each
budget line item for fiscal years 2014 through 2018, with
total funding for each year of the plan constrained to the
funding targets for those years as estimated and approved by
the Office of Management and Budget.
research, engineering, and development
(including rescission of funds)
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under
part A of subtitle VII of title 49, United States Code,
including construction of experimental facilities and
acquisition of necessary sites by lease or grant,
$175,000,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2015:
Provided, That there may be credited to this appropriation as
offsetting collections, funds received from States, counties,
municipalities, other public authorities, and private
sources, which shall be available for expenses incurred for
research, engineering, and development: Provided further,
That, of the unobligated balances from prior year
appropriations available under this heading, $26,183,998 are
rescinded.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
For liquidation of obligations incurred for grants-in-aid
for airport planning and development, and noise compatibility
planning and programs as authorized under subchapter I of
chapter 471 and subchapter I of chapter 475 of title 49,
United States Code, and under other law authorizing such
obligations; for procurement, installation, and commissioning
of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section
41743 of title 49, United States Code; and for inspection
activities and administration of airport safety programs,
including those related to airport operating certificates
under section 44706 of title 49, United States Code,
$3,400,000,000 to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided,
That none of the funds under this heading shall be available
for the planning or execution of programs the obligations for
which are in excess of $3,350,000,000 in fiscal year 2013,
notwithstanding section 47117(g) of title 49, United States
Code: Provided further, That none of the funds under this
heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas,
or other airport improvements that are necessary to install
bulk explosive detection systems: Provided further, That
notwithstanding section 47109(a) of title 49, United States
Code, the Government's share of allowable project costs under
paragraph (2) for subgrants or paragraph (3) of that section
shall be 95 percent for a project that the Administrator
determines is a successive phase of a multi-phased
construction project for which the project sponsor received a
grant in Fiscal Year 2011 for the construction project:
Provided further, That notwithstanding any other provision of
law, of funds limited under this heading, not more than
$105,000,000 shall be obligated for administration, not less
than $15,000,000 shall be available for the airport
cooperative research program, and not less than $29,300,000
shall be available for Airport Technology Research.
administrative provisions--federal aviation administration
Sec. 110. None of the funds in this Act may be used to
compensate in excess of 600 technical staff-years under the
federally funded research and development center contract
between the Federal Aviation Administration and the Center
for Advanced Aviation Systems Development during fiscal year
2013.
Sec. 111. None of the funds in this Act shall be used to
pursue or adopt guidelines or regulations requiring airport
sponsors to provide to the Federal Aviation Administration
without cost building construction, maintenance, utilities
and expenses, or space in airport sponsor-owned buildings for
services relating to air traffic control, air navigation, or
weather reporting: Provided, That the prohibition of funds in
this section does not apply to negotiations between the
agency and airport sponsors to achieve agreement on ``below-
market'' rates for these items or to grant assurances that
require airport sponsors to provide land without cost to the
FAA for air traffic control facilities.
Sec. 112. The Administrator of the Federal Aviation
Administration may reimburse amounts made available to
satisfy 49 U.S.C. 41742(a)(1) from fees credited under 49
U.S.C. 45303: Provided, That during fiscal year 2013, any
amount remaining in such account at the close of that fiscal
year may be made available to satisfy section 41742(a)(1) for
the subsequent fiscal year.
Sec. 113. Amounts collected under section 40113(e) of
title 49, United States Code, shall be credited to the
appropriation current at the time of collection, to be merged
with and available for the same purposes of such
appropriation.
Sec. 114. None of the funds limited by this Act for grants
under the Airport Improvement Program shall be made available
to the sponsor of a commercial service airport if such
sponsor fails to agree to a request from the Secretary of
Transportation for cost-free space in a non -revenue
producing, public use area of the airport terminal or other
airport facilities for the purpose of carrying out a public
service air passenger rights and consumer outreach campaign.
Sec. 115. None of the funds in this Act shall be available
for paying premium pay under subsection 5546(a) of title 5,
United States Code, to any Federal Aviation Administration
employee unless such employee actually performed work during
the time corresponding to such premium pay.
Sec. 116. None of the funds in this Act may be obligated
or expended for an employee of the Federal Aviation
Administration to purchase a store gift card or gift
certificate through use of a Government-issued credit card.
Sec. 117. The Secretary shall apportion to the sponsor of
an airport that received scheduled or unscheduled air service
from a large certified air carrier (as defined in part 241 of
title 14 Code of Federal Regulations, or such other
regulations as may be issued by the Secretary under the
authority of section 41709) an amount equal to the minimum
apportionment specified in 49 U.S.C. 47114(c), if the
Secretary determines that airport had more than 10,000
passenger boardings in the preceding calendar year, based on
data submitted to the Secretary under part 241 of title 14,
Code of Federal Regulations.
Sec. 118. None of the funds in this Act may be obligated
or expended for retention bonuses for an employee of the
Federal Aviation Administration without the prior written
approval of the Deputy Assistant Secretary for Administration
of the Department of Transportation.
Sec. 119. Subparagraph (D) of section 47124(b)(3) of title
49, United States Code, is amended by striking ``benefit.''
and inserting ``benefit, with the maximum allowable local
cost share capped at ``20 percent.''.
Sec. 119A. Notwithstanding any other provision of law,
none of the funds made available under this Act or any prior
Act may be used to implement or to continue to implement any
limitation on the ability of any owner or operator of a
private aircraft to obtain, upon a request to the
Administrator of the Federal Aviation Administration, a
blocking of that owner's or operator's aircraft registration
number from any display of the Federal Aviation
Administration's Aircraft Situational Display to Industry
data that is made available to the public, except data made
available to a Government agency, for the noncommercial
flights of that owner or operator.
[[Page H4043]]
Sec. 119B. None of the funds appropriated or limited by
this Act may be used to change weight restrictions or prior
permission rules at Teterboro airport in Teterboro, New
Jersey.
Federal Highway Administration
limitation on administrative expenses
(including transfer of funds)
Contingent upon reauthorization, not to exceed
$392,855,251, together with advances and reimbursements
received by the Federal Highway Administration, shall be paid
in accordance with law from appropriations made available by
this Act to the Federal Highway Administration for necessary
expenses for administration and operation. In addition, not
to exceed $3,220,000 shall be paid from appropriations made
available by this Act and transferred to the Appalachian
Regional Commission in accordance with section 104 of title
23, United States Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Contingent upon reauthorization, none of the funds in this
Act shall be available for the implementation or execution of
programs, the obligations for which are in excess of
$39,143,582,670 for Federal-aid highways and highway safety
construction programs for fiscal year 2013: Provided, That
within the $39,143,582,670 obligation limitation on Federal-
aid highways and highway safety construction programs, not
more than $429,800,000 shall be available for the
implementation or execution of programs for transportation
research (chapter 5 of title 23, United States Code; sections
111, 5505, and 5506 of title 49, United States Code; and
title 5 of Public Law 109-59) for fiscal year 2013: Provided
further, That this limitation on transportation research
programs shall not apply to any authority previously made
available for obligation: Provided further, That the
Secretary may, as authorized by section 605(b) of title 23,
United States Code, collect and spend fees, to cover the
costs of services of expert firms, including counsel, in the
field of municipal and project finance to assist in the
underwriting and servicing of Federal credit instruments and
all or a portion of the costs to the Federal Government of
servicing such credit instruments: Provided further, That
such fees are available until expended to pay for such costs:
Provided further, That such amounts are in addition to
administrative expenses that are also available for such
purpose, and are not subject to any obligation limitation or
the limitation on administrative expenses under section 608
of title 23, United States Code.
(liquidation of contract authorization)
(highway trust fund)
Contingent upon reauthorization, for carrying out the
provisions of title 23, United States Code, that are
attributable to Federal-aid highways, not otherwise provided,
including reimbursement for sums expended pursuant to the
provisions of 23 U.S.C. 308, $39,882,583,000 or so much
thereof as may be available in and derived from the Highway
Trust Fund (other than the Mass Transit Account), to remain
available until expended.
administrative provisions--federal highway administration
Sec. 120. Contingent upon reauthorization, the following
authorities shall apply for fiscal year 2013:
(a) The Secretary of Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid highways amounts authorized for administrative
expenses and programs by section 104(a) of title 23, United
States Code; programs funded from the administrative takedown
authorized by section 104(a)(1) of title 23, United States
Code (as in effect on the date before the date of enactment
of the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users); the highway use tax evasion
program; and the Bureau of Transportation Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid
highways and highway safety programs for previous fiscal
years the funds for which are allocated by the Secretary;
(3) determine the ratio that--
(A) the obligation limitation for Federal-aid highways,
less the aggregate of amounts not distributed under
paragraphs (1) and (2), bears to
(B) the total of the sums authorized to be appropriated for
Federal-aid highways and highway safety construction programs
(other than sums authorized to be appropriated for provisions
of law described in paragraphs (1) through ( 9 ) of
subsection (b) and sums authorized to be appropriated for
section 105 of title 23, United States Code, equal to the
amount referred to in subsection (b)(10) for such fiscal
year), less the aggregate of the amounts not distributed
under paragraphs (1) and (2) of this subsection;
(4)(A) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for sections 1301, 1302, and 1934 of
the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users; section 117 and section
144(g) of title 23, United States Code; and section 14501 of
title 40, United States Code, so that the amount of
obligation authority available for each of such sections is
equal to the amount determined by multiplying the ratio
determined under paragraph (3) by the sums authorized to be
appropriated for that section for the fiscal year; and
(B) distribute $2,000,000,000 for section 105 of title 23,
United States Code;
(5) distribute the obligation limitation provided for
Federal-aid highways, less the aggregate amounts not
distributed under paragraphs (1) and (2) and amounts
distributed under paragraph (4), for each of the programs
that are allocated by the Secretary under the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users and title 23, United States Code, (other
than to programs to which paragraphs (1) and (4) apply), by
multiplying the ratio determined under paragraph (3) by the
amounts authorized to be appropriated for each such program
for such fiscal year; and
(6) distribute the obligation limitation provided for
Federal-aid highways, less the aggregate amounts not
distributed under paragraphs (1) and (2) and amounts
distributed under paragraphs (4) and (5), for Federal-aid
highways and highway safety construction programs (other than
the amounts apportioned for the equity bonus program, but
only to the extent that the amounts apportioned for the
equity bonus program for the fiscal year are greater than
$2,639,000,000, and the Appalachian development highway
system program) that are apportioned by the Secretary under
the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users and title 23, United States
Code, in the ratio that--
(A) amounts authorized to be appropriated for such programs
that are apportioned to each State for such fiscal year, bear
to
(B) the total of the amounts authorized to be appropriated
for such programs that are apportioned to all States for such
fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to
obligations:
(1) under section 125 of title 23, United States Code;
(2) under section 147 of the Surface Transportation
Assistance Act of 1978;
(3) under section 9 of the Federal-Aid Highway Act of 1981;
(4) under subsections (b) and (j) of section 131 of the
Surface Transportation Assistance Act of 1982;
(5) under subsections (b) and (c) of section 149 of the
Surface Transportation and Uniform Relocation Assistance Act
of 1987;
(6) under sections 1103 through 1108 of the Intermodal
Surface Transportation Efficiency Act of 1991;
(7) under section 157 of title 23, United States Code, as
in effect on the day before the date of the enactment of the
Transportation Equity Act for the 21st Century;
(8) under section 105 of title 23, United States Code, as
in effect for fiscal years 1998 through 2004, but only in an
amount equal to $639,000,000 for each of those fiscal years;
(9) for Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century or subsequent public laws for
multiple years or to remain available until used, but only to
the extent that the obligation authority has not lapsed or
been used;
(10) under section 105 of title 23, United States Code, but
only in an amount equal to $639,000,000 for each of fiscal
years 2005 through 2013; and
(11) under section 1603 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users, to
the extent that funds obligated in accordance with that
section were not subject to a limitation on obligations at
the time at which the funds were initially made available for
obligation.
(c) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (a), the Secretary shall, after
August 1 of such fiscal year, revise a distribution of the
obligation limitation made available under subsection (a) if
the amount distributed cannot be obligated during that fiscal
year, and redistribute sufficient amounts to those States
able to obligate amounts in addition to those previously
distributed during that fiscal year, giving priority to those
States having large unobligated balances of funds apportioned
under sections 104 and 144 of title 23, United States Code.
(d) Applicability of Obligation Limitations to
Transportation Research Programs.--The obligation limitation
shall apply to transportation research programs carried out
under chapter 5 of title 23, United States Code, and title V
(research title) of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users,
except that obligation authority made available for such
programs under such limitation shall remain available for a
period of 3 fiscal years and shall be in addition to the
amount of any limitation imposed on obligations for Federal-
aid highway and highway safety construction programs for
future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
the distribution of obligation limitation under subsection
(a), the Secretary shall distribute to the States any funds
that--
(A) are authorized to be appropriated for such fiscal year
for Federal-aid highways programs; and
(B) the Secretary determines will not be allocated to the
States, and will not be available for obligation, in such
fiscal year due to
[[Page H4044]]
the imposition of any obligation limitation for such fiscal
year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same ratio as the distribution of obligation authority
under subsection (a)(6).
(3) Availability.--Funds distributed under paragraph (1)
shall be available for any purposes described in section
133(b) of title 23, United States Code.
(f) Special Limitation Characteristics.--Obligation
limitation distributed for a fiscal year under subsection
(a)(4) for the provision specified in subsection (a)(4)
shall--
(1) remain available until used for obligation of funds for
that provision; and
(2) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(g) Limitation on Statutory Construction.--Nothing in this
section shall be construed to limit the distribution of
obligation authority under subsection (a)(4)(A) for each of
the individual projects numbered greater than 3676 listed in
the table contained in section 1702 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received
by the Bureau of Transportation Statistics from the sale of
data products, for necessary expenses incurred pursuant to 49
U.S.C. 111 may be credited to the Federal-aid Highways
account for the purpose of reimbursing the Bureau for such
expenses: Provided, That such funds shall be subject to the
obligation limitation for Federal-aid Highways and highway
safety construction programs.
Sec. 122. Not less than 15 days prior to waiving, under
his statutory authority, any Buy America requirement for
Federal-aid highway projects, the Secretary of Transportation
shall make an informal public notice and comment opportunity
on the intent to issue such waiver and the reasons therefor:
Provided, That the Secretary shall provide an annual report
to the House and Senate Committees on Appropriations on any
waivers granted under the Buy America requirements.
Sec. 123. (a) In General.--Except as provided in subsection
(b), none of the funds made available, limited, or otherwise
affected by this Act shall be used to approve or otherwise
authorize the imposition of any toll on any segment of
highway located on the Federal-aid system in the State of
Texas that--
(1) as of the date of enactment of this Act, is not tolled;
(2) is constructed with Federal assistance provided under
title 23, United States Code; and
(3) is in actual operation as of the date of enactment of
this Act.
(b) Exceptions.--
(1) Number of toll lanes.--Subsection (a) shall not apply
to any segment of highway on the Federal-aid system described
in that subsection that, as of the date on which a toll is
imposed on the segment, will have the same number of nontoll
lanes as were in existence prior to that date.
(2) High-occupancy vehicle lanes.--A high-occupancy vehicle
lane that is converted to a toll lane shall not be subject to
this section, and shall not be considered to be a nontoll
lane for purposes of determining whether a highway will have
fewer nontoll lanes than prior to the date of imposition of
the toll, if--
(A) high-occupancy vehicles occupied by the number of
passengers specified by the entity operating the toll lane
may use the toll lane without paying a toll, unless otherwise
specified by the appropriate county, town, municipal or other
local government entity, or public toll road or transit
authority; or
(B) each high-occupancy vehicle lane that was converted to
a toll lane was constructed as a temporary lane to be
replaced by a toll lane under a plan approved by the
appropriate county, town, municipal or other local government
entity, or public toll road or transit authority.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
Contingent upon reauthorization, for payment of obligations
incurred in the implementation, execution and administration
of motor carrier safety operations and programs pursuant to
section 31104(i) of title 49, United States Code, and
sections 4127 and 4134 of Public Law 109-59, $244,144,000, to
be derived from the Highway Trust Fund (other than the Mass
Transit Account), together with advances and reimbursements
received by the Federal Motor Carrier Safety Administration:
Provided, That none of the funds derived from the Highway
Trust Fund in this Act shall be available for the
implementation, execution or administration of programs, the
obligations for which are in excess of $244,144,000, for
``Motor Carrier Safety Operations and Programs'' of which
$8,543,000, to remain available for obligation until
September 30, 2015, is for the research and technology
program and $1,000,000 shall be available for commercial
motor vehicle operator's grants to carry out section 4134 of
Public Law 109-59: Provided further, That notwithstanding any
other provision of law, none of the funds under this heading
for outreach and education shall be available for transfer:
Provided further, That the Federal Motor Carrier Safety
Administration shall transmit to Congress a report on March
29, 2013 on the agency's ability to meet its requirement to
conduct compliance reviews on mandatory carriers.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
Contingent upon reauthorization, for payment of obligations
incurred in carrying out sections 31102, 31104(a), 31106,
31107, 31109, 31309, 31313 of title 49, United States Code,
and sections 4126 and 4128 of Public Law 109-59,
$307,000,000, to be derived from the Highway Trust Fund
(other than the Mass Transit Account) and to remain available
until expended: Provided, That none of the funds in this Act
shall be available for the implementation or execution of
programs, the obligations for which are in excess of
$307,000,000, for ``Motor Carrier Safety Grants''; of which
$212,000,000 shall be available for the motor carrier safety
assistance program to carry out sections 31102 and 31104(a)
of title 49, United States Code; $30,000,000 shall be
available for the commercial driver's license improvements
program to carry out section 31313 of title 49, United States
Code; $32,000,000 shall be available for the border
enforcement grants program to carry out section 31107 of
title 49, United States Code; $5,000,000 shall be available
for the performance and registration information system
management program to carry out sections 31106(b) and 31109
of title 49, United States Code; $25,000,000 shall be
available for the commercial vehicle information systems and
networks deployment program to carry out section 4126 of
Public Law 109-59; and $3,000,000 shall be available for the
safety data improvement program to carry out section 4128 of
Public Law 109-59: Provided further, That of the funds made
available for the motor carrier safety assistance program,
$29,000,000 shall be available for audits of new entrant
motor carriers.
administrative provision--federal motor carrier safety administration
Sec. 130. Funds appropriated or limited in this Act shall
be subject to the terms and conditions stipulated in section
350 of Public Law 107-87 and section 6901 of Public Law 110-
28.
Mr. LATHAM (during the reading). Madam Chairman, I ask unanimous
consent that the remainder of the bill through page 34, line 23, be
considered as read, printed in the Record, and open to amendment at any
point.
The Acting CHAIR. Is there objection to the request of the gentleman
from Iowa?
There was no objection.
The Acting CHAIR. Are there any amendments to that portion of the
bill?
If not, the Clerk will read.
The Clerk read as follows:
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the
Secretary, with respect to traffic and highway safety under
subtitle C of title X of Public Law 109-59 and chapter 301
and part C of subtitle VI of title 49, United States Code,
$152,000,000, of which $20,000,000 shall remain available
through September 30, 2014.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
Contingent upon reauthorization, for payment of obligations
incurred in carrying out the provisions of 23 U.S.C. 403, and
chapter 303 of title 49, United States Code, $122,360,000, to
be derived from the Highway Trust Fund (other than the Mass
Transit Account) and to remain available until expended:
Provided, That none of the funds in this Act shall be
available for the planning or execution of programs the total
obligations for which, in fiscal year 2013, are in excess of
$122,360,000, of which $118,244,000 shall be for programs
authorized under 23 U.S.C. 403, and of which $4,166,000 shall
be for the National Driver Register authorized under chapter
303 of title 49, United States Code: Provided further, That
within the $122,360,000 obligation limitation for operations
and research, $20,000,000 shall remain available until
September 30, 2014 and shall be in addition to the amount of
any limitation imposed on obligations for future years:
Provided further, That $10,000,000 of the total obligation
limitation for operations and research in fiscal year 2013
shall be applied toward unobligated balances of contract
authority provided in prior Acts for carrying out the
provisions of 23 U.S.C. 403, and chapter 303 of title 49,
United States Code.
Amendment Offered by Mr. Braley of Iowa
Mr. BRALEY of Iowa. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 35, line 16, after the dollar amount, insert
``(reduced by $10,000,000) (increased by $10,000,000)''.
Page 35, line 21, after the dollar amount, insert
``(reduced by $10,000,000) (increased by $10,000,000)''.
[[Page H4045]]
Page 35, line 22, after the dollar amount, insert
``(reduced by $10,000,000) (increased by $10,000,000)''.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. BRALEY of Iowa. Madam Chair, I want to make a specific point of
emphasizing that I'm offering this amendment in honor of one of the
gentleman from Iowa's constituents, a young, 7-year-old girl named
Kadyn Halverson who, on May 10 of 2011, was struck and killed by a
pickup truck while exiting a school bus.
And this particular section of the bill deals with the report
language that talks about, among other things, the ability to talk
about safety and pupil transportation relating to the National Highway
Transportation Safety Administration. So to understand the purpose
behind this amendment, it's important to know how this tragedy
happened.
This young girl was crossing the street to board her school bus. The
bus had its red lights flashing. The stop arm was activated, and a
pickup truck traveling at 60 miles an hour struck and killed her. The
driver tested positive for marijuana and later pleaded guilty to
vehicular homicide and has been sentenced to 15 years in prison.
Now, this is one isolated incident in my home State, but statistics
show that 13 million violations occur in this country every year of
vehicles passing stopped school buses. It's obvious we have a serious
problem, and my amendment would use this funding for the purpose of
working with States to create tougher sanctions and tougher enforcement
to reduce this alarming problem of people violating the law and passing
stopped school buses.
The intent of my amendment is to require the National Highway Traffic
Safety Administration, otherwise known as NHTSA, to prioritize at least
$10 million for school bus safety work and, specifically, to work with
State and local law enforcement to improve enforcement of State law
concerning illegally passing stopped school buses.
My amendment would ensure that we are enforcing the laws on the books
pertaining to stopping those school buses. It's a part of an ongoing
effort to provide safety to kids who are going to school and returning
every day; 13 million violations a year is way too many. We have an
obligation to work with States. My amendment would do that by directing
NHTSA to use this opportunity to help those States become more
effective in preventing these tragedies.
It wasn't the only one that has become of significance in my State in
the past year; 11-year-old Justin Bradfield of Janesville, Iowa, was
tragically killed in 2011 after being struck by a school bus. That's
why earlier this year I introduced Kadyn's Act in the House. The bill
would encourage States to toughen their penalties for those found
guilty of passing a stopped school bus.
I am honored to have the subcommittee chairman as a cosponsor of that
legislation. I hope that my colleagues will support this amendment, and
I urge them to work to pass both these bills to make it safer for our
kids to get to school and back.
With that, I yield back the balance of my time.
Mr. LATHAM. Madam Chair, I move to strike the last word.
The Acting CHAIR. The gentleman from Iowa is recognized for 5
minutes.
Mr. LATHAM. I appreciate the intent of the amendment of the gentleman
from Iowa. The gentleman introduced legislation that would require
States to enact harsher penalties for reckless drivers who pass stopped
school buses, and this amendment complements that legislation and, I
think, sends a very, very important message.
The legislation named in memory of the little girl the gentleman
spoke about from Iowa who was killed so tragically, this is extremely
important, I think, to raise the profile. I would hope that the
authorizing committee in conference on the highway bill would take this
into consideration and act on this very provision.
As a cosponsor of the act, I commend the gentleman's effort and would
accept the amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Iowa (Mr. Braley).
The amendment was agreed to.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
Contingent upon reauthorization, for payment of obligations
incurred in carrying out the provisions of 23 U.S.C. 402,
405, 406, 408, and 410 and sections 2001(a)(11), 2009, 2010,
and 2011 of Public Law 109-59, to remain available until
expended, $501,828,000 to be derived from the Highway Trust
Fund (other than the Mass Transit Account): Provided, That
none of the funds in this Act shall be available for the
planning or execution of programs the total obligations for
which, in fiscal year 2013, are in excess of $501,828,000 for
programs authorized under 23 U.S.C. 402, 405, 406, 408, and
410 and sections 2001(a)(11), 2009, 2010, and 2011 of Public
Law 109-59, of which $235,000,000 shall be for ``Highway
Safety Programs'' under 23 U.S.C. 402; $25,000,000 shall be
for ``Occupant Protection Incentive Grants'' under 23 U.S.C.
405; $34,500,000 shall be for ``State Traffic Safety
Information System Improvements'' under 23 U.S.C. 408;
$139,000,000 shall be for ``Alcohol-Impaired Driving
Countermeasures Incentive Grant Program'' under 23 U.S.C.
410; $25,328,000 shall be for ``Administrative Expenses''
under section 2001(a)(11) of Public Law 109-59; $29,000,000
shall be for ``High Visibility Enforcement Program'' under
section 2009 of Public Law 109-59; $7,000,000 shall be for
``Motorcyclist Safety'' under section 2010 of Public Law 109-
59; and $7,000,000 shall be for ``Child Safety and Child
Booster Seat Safety Incentive Grants'' under section 2011 of
Public Law 109-59: Provided further, That none of these funds
shall be used for construction, rehabilitation, or remodeling
costs, or for office furnishings and fixtures for State,
local or private buildings or structures: Provided further,
That not to exceed $500,000 of the funds made available for
section 410 ``Alcohol-Impaired Driving Countermeasures
Grants'' shall be available for technical assistance to the
States: Provided further, That not to exceed $750,000 of the
funds made available for the ``High Visibility Enforcement
Program'' shall be available for the evaluation required
under section 2009(f) of Public Law 109-59.
administrative provisions--national highway traffic safety
administration
Sec. 140. Contingent upon reauthorization, notwithstanding
section 402(g) of title 23, United States Code, an additional
$130,000 shall be made available to the National Highway
Traffic Safety Administration, out of the amount limited for
section 402 of title 23, United States Code, to pay for
travel and related expenses for State management reviews and
to pay for core competency development training and related
expenses for highway safety staff.
Sec. 141. The limitations on obligations for the programs
of the National Highway Traffic Safety Administration set in
this Act shall not apply to obligations for which obligation
authority was made available in previous public laws for
multiple years but only to the extent that the obligation
authority has not lapsed or been used.
Sec. 142. None of the funds in this Act shall be used to
implement section 404 of title 23, United States Code.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad
Administration, not otherwise provided for, $184,000,000, of
which $20,360,000 shall remain available until expended.
Amendment Offered by Mr. Broun of Georgia
Mr. BROUN of Georgia. Madam Chairman, I have an amendment at the
desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 39, line 4, after the dollar amount, insert ``(reduced
by $5,404,000)''.
Page 150, line 9, after the dollar amount, insert
``(increased by $5,404,000)''.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. BROUN of Georgia. Madam Chair, my amendment would simply reduce
funding for administrative expenses within the Federal Railroad
Administration by $5,404,000.
This office is one of 13 in the underlying bill which is slated to
receive increases for administrative expenses, despite the fiscal
emergency that we're facing as a Nation. This, like many of the
amendments that I'm bringing, would just reduce funding back to current
levels, back to the FY12 levels.
We have many sections of this bill that are slated to be increased.
But as we face an economic emergency as a Nation, as we're spending
money that we don't have--40 cents of every dollar we're spending is
being borrowed--we just have to stop the outrageous spending that's
going on here in Washington.
This amendment would simply bring the administrative expenses for the
Federal Railroad Administration back to current levels. It would not
reduce the functions of the administration. It
[[Page H4046]]
would just keep funding at the current levels.
It makes sense to just stop increasing, so I urge support of my
amendment.
I yield back the balance of my time.
Mr. LATHAM. I move to strike the last word.
The Acting CHAIR. The gentleman from Iowa is recognized for 5
minutes.
Mr. LATHAM. Madam Chair, I must oppose the gentleman's amendment.
This would not allow the Federal Railroad Administration to hire
additional safety inspectors and fully implement the risk reduction
program.
{time} 2110
These investments have a proven record in reducing the number of
crashes on our Nation's railways.
While we appreciate the gentleman's concern over the debt, this is an
arbitrary way to budget, and it negates months of work on this
committee to try and determine the proper funding levels for these
different functions. The bill already cuts $4 billion from 2012, which
is a very fiscally responsible level, so I would urge a ``no'' vote on
the amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Georgia (Mr. Broun).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. BROUN of Georgia. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Georgia will
be postponed.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:
railroad research and development
For necessary expenses for railroad research and
development, $35,500,000, to remain available until expended.
railroad rehabilitation and improvement financing program
The Secretary of Transportation is authorized to issue
direct loans and loan guarantees pursuant to sections 502
through 504 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (Public Law 94-210), as amended, such
authority to exist as long as any such direct loan or loan
guarantee is outstanding: Provided, That, pursuant to section
502 of such Act, as amended, no new direct loans or loan
guarantee commitments shall be made using Federal funds for
the credit risk premium during fiscal year 2013.
operating subsidy grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make quarterly
grants to the National Railroad Passenger Corporation for the
operation of intercity passenger rail, as authorized by
section 101 of the Passenger Rail Investment and Improvement
Act of 2008 (division B of Public Law 110-432), $350,000,000,
to remain available until expended: Provided, That the
amounts available under this paragraph shall be available for
the Secretary to approve funding to cover operating losses
for the Corporation only after receiving and reviewing a
grant request for each specific train route: Provided
further, That each such grant request shall be accompanied by
a detailed financial analysis, revenue projection, and
capital expenditure projection justifying the Federal support
to the Secretary's satisfaction: Provided further, That not
later than 60 days after enactment of this Act, the
Corporation shall transmit, in electronic format, to the
Secretary, the House and Senate Committees on Appropriations,
the House Committee on Transportation and Infrastructure and
the Senate Committee on Commerce, Science, and Transportation
the annual budget and business plan and the 5-Year Financial
Plan for fiscal year 2013 required under section 204 of the
Passenger Rail Investment and Improvement Act of 2008:
Provided further, That the budget, business plan, and the 5-
Year Financial Plan shall also include a separate accounting
of ridership, revenues, and capital and operating expenses
for the Northeast Corridor; commuter service; long-distance
Amtrak service; State-supported service; each intercity train
route, including Autotrain; and commercial activities
including contract operations: Provided further, That the
budget, business plan and the 5-Year Financial Plan shall
include a description of work to be funded, along with cost
estimates and an estimated timetable for completion of the
projects covered by these plans: Provided further, That the
budget, business plan and the 5-Year Financial Plan shall
include annual information on the maintenance, refurbishment,
replacement, and expansion for all Amtrak rolling stock
consistent with the comprehensive fleet plan: Provided
further, That the Corporation shall provide semiannual
reports in electronic format regarding the pending business
plan, which shall describe the work completed to date, any
changes to the business plan, and the reasons for such
changes, and shall identify all sole-source contract awards
which shall be accompanied by a justification as to why said
contract was awarded on a sole-source basis, as well as
progress against the milestones and target dates of the 2012
performance improvement plan: Provided further, That the
Corporation's budget, business plan, 5-Year Financial Plan,
semiannual reports, and all subsequent supplemental plans
shall be displayed on the Corporation's Web site within a
reasonable timeframe following their submission to the
appropriate entities: Provided further, That these plans
shall be accompanied by a comprehensive fleet plan for all
Amtrak rolling stock which shall address the Corporation's
detailed plans and timeframes for the maintenance,
refurbishment, replacement, and expansion of the Amtrak
fleet: Provided further, That said fleet plan shall establish
year-specific goals and milestones and discuss potential,
current, and preferred financing options for all such
activities: Provided further, That none of the funds under
this heading may be obligated or expended until the
Corporation agrees to continue abiding by the provisions of
paragraphs 1, 2, 5, 9, and 11 of the summary of conditions
for the direct loan agreement of June 28, 2002, in the same
manner as in effect on the date of enactment of this Act:
Provided further, That none of the funds provided in this Act
may be used to support any route on which Amtrak offers a
discounted fare of more than 50 percent off the normal peak
fare: Provided further, That the preceding proviso does not
apply to routes where the operating loss as a result of the
discount is covered by a State and the State participates in
the setting of fares: Provided further, That the Corporation
shall submit to the House and Senate Committees on
Appropriations a budget request for fiscal year 2014 in
similar format and substance to those submitted by executive
agencies of the Federal Government.
capital and debt service grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for capital
investments as authorized by section 101(c) and 219(b) of the
Passenger Rail Investment and Improvement Act of 2008
(division B of Public Law 110-432), $1,452,000,000, to remain
available until expended, of which not to exceed $271,000,000
shall be for debt service obligations as authorized by
section 102 of such Act: Provided, That of the amounts made
available under this heading, not less than $50,000,000 shall
be made available to bring Amtrak served facilities and
stations into compliance with the Americans with Disabilities
Act: Provided further, That after an initial distribution of
up to $200,000,000, which shall be used by the Corporation as
a working capital account, all remaining funds shall be
provided to the Corporation only on a reimbursable basis:
Provided further, That of the amounts made available under
this heading, not less than $500,000,000 shall be made
available to fund high priority state-of-good-repair
intercity infrastructure projects on infrastructure owned by
the Corporation or States for the benefit of existing
intercity passenger rail services: Provided further, That of
the amount provided under the preceding proviso, $80,000,000
may be used to subsidize operating losses of the Corporation
only after receiving and reviewing a grant request justifying
the Federal support to the Secretary's satisfaction; Provided
further, That such projects shall only include capital
projects within the meaning of Section 24401(2)(A) of Title
49, United States Code: Provided further, That the Secretary
shall approve funding for these projects only after receiving
and reviewing a grant request for each project developed by
Amtrak in conjunction with any state partners: Provided
further, That the Federal share payable of the costs for such
a project shall not exceed 80 percent: Provided further, That
at least 30 days prior to the obligation of funds for such a
project, the Secretary shall provide to the House and Senate
Committees on Appropriations written notification of the
approval of the project: Provided further, That the Secretary
may retain up to one-half of 1 percent of the funds provided
under this heading to fund the costs of project management
oversight of capital projects funded by grants provided under
this heading, as authorized by subsection 101(d) of division
B of Public Law 110-432: Provided further, That the Secretary
shall approve funding for capital expenditures, including
advance purchase orders of materials, for the Corporation
only after receiving and reviewing a grant request for each
specific capital project justifying the Federal support to
the Secretary's satisfaction: Provided further, Except as
otherwise provided herein, none of the funds under this
heading may be used to subsidize operating losses of the
Corporation: Provided further, That except as otherwise
provided herein, none of the funds under this heading may be
used for capital projects not approved by the Secretary of
Transportation or on the Corporation's fiscal year 2013
business plan: Provided further, That in addition to the
project management oversight funds authorized under section
101(d) of division B of Public Law 110-432, the Secretary may
retain up to an additional $3,000,000 of the funds provided
under this heading to fund expenses associated with
implementing section 212 of division B of Public Law 110-432,
including the amendments made by section 212 to section 24905
of title 49, United States Code.
next generation high-speed rail
(rescission)
Of the funds made available for Next Generation High Speed
Rail, as authorized by
[[Page H4047]]
sections 1103 and 7201 of Public Law 105-178, $1,973,000 are
hereby permanently rescinded: Provided, That no amounts may
be cancelled from amounts that were designated by the
Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
northeast corridor improvement program
(rescission)
Of the funds made available for the Northeast Corridor
Improvement Program, as authorized by Public Law 94-210,
$4,419,000 are hereby permanently rescinded: Provided, That
no amounts may be cancelled from amounts that were designated
by the Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
administrative provisions--federal railroad administration
Sec. 150. Hereafter, notwithstanding any other provision
of law, funds provided in this Act for the National Railroad
Passenger Corporation shall immediately cease to be available
to said Corporation in the event that the Corporation
contracts to have services provided at or from any location
outside the United States. For purposes of this section, the
word ``services'' shall mean any service that was, as of July
1, 2006, performed by a full-time or part-time Amtrak
employee whose base of employment is located within the
United States.
Sec. 151. The Secretary of Transportation may receive and
expend cash, or receive and utilize spare parts and similar
items, from non-United States Government sources to repair
damages to or replace United States Government owned
automated track inspection cars and equipment as a result of
third-party liability for such damages, and any amounts
collected under this section shall be credited directly to
the Safety and Operations account of the Federal Railroad
Administration, and shall remain available until expended for
the repair, operation and maintenance of automated track
inspection cars and equipment in connection with the
automated track inspection program.
Sec. 152. Notwithstanding any other provisions of law,
rule or regulation, the Secretary of Transportation is
authorized to allow the issuer of any preferred stock
heretofore sold to the Department to redeem or repurchase
such stock upon the payment to the Department of an amount
determined by the Secretary.
Sec. 153. None of the funds provided to the National
Railroad Passenger Corporation may be used to fund any
overtime costs in excess of $35,000 for any individual
employee: Provided, That the president of Amtrak may waive
the cap set in the previous proviso for specific employees
when the president of Amtrak determines such a cap poses a
risk to the safety and operational efficiency of the system:
Provided further, That Amtrak shall notify House and Senate
Committees on Appropriations within 30 days of waiving such
cap and delineate the reasons for such waiver.
Sec. 154. The unobligated balance of funds provided under
sections 1101(a)(18) and 1307 of Public Law 109-59 shall be
used for the elimination of hazards at railway-highway
crossings described in section 104(d)(2) of title 23, United
States Code, to remain available until expended.
Federal Transit Administration
administrative expenses
For necessary administrative expenses of the Federal
Transit Administration's programs authorized by chapter 53 of
title 49, United States Code, $100,000,000: Provided, That
none of the funds provided or limited in this Act may be used
to create a permanent office of transit security under this
heading: Provided further, That upon submission to the
Congress of the fiscal year 2014 President's budget, the
Secretary of Transportation shall transmit to Congress the
annual report on New Starts, including proposed allocations
of funds for fiscal year 2014.
Mr. LIPINSKI. Madam Chair, I move to strike the last word.
The Acting CHAIR. The gentleman from Illinois is recognized for 5
minutes.
Mr. LIPINSKI. I rise to engage in a colloquy with my good friend from
Iowa, the distinguished chairman, Mr. Latham.
First, I would like to acknowledge the difficult and challenging job
the chairman has had in crafting this bill. I would also like to
acknowledge all of the work of Ranking Member Olver, not just this year
but in years past here in Congress, and especially as head of this
committee.
In 2008, Congress passed a mandate requiring commuter and freight
railroads to implement Positive Train Control by 2015. While PTC
provides a very significant safety improvement, it is also very costly.
The Federal Railroad Administration has estimated that the total cost
for PTC will be $13.2 billion industrywide.
In recognizing the cost when we were working on the bill in order to
implement the mandate, I was able to add language authorizing the Rail
Safety Technology Grant program at $50 million per year. Since the
program was authorized, however, Congress has only appropriated $50
million for 1 year.
This mandate is especially hard on commuter railroads. In the Chicago
region, Metra serves approximately 300,000 commuters every weekday.
Metra estimates that PTC will cost $200 million, an amount the agency
will struggle to afford. There are many other commuter railroads in
this country facing similar situations and needing some help in
implementing this safety technology.
Yet, in recognizing the difficult choices the chairman has had to
make on this bill, I will not offer an amendment. I would ask, as this
bill moves forward to conference and in future appropriations bills,
that we work together to find some level of Federal support to help
defray the costs for our Nation's railroads in order to implement PTC.
With that, I yield to Chairman Latham.
Mr. LATHAM. I thank the gentleman for his hard work in this area and
for his efforts on the Transportation Committee.
Commuter railroads are an extremely important mode of transportation
and are critical to many of our regional economies. I would be more
than happy to work with the gentleman on ways to address the PTC
funding issues as we go to conference and in the future.
Mr. LIPINSKI. In reclaiming my time, I thank the gentleman, and I
look forward to working with him on this funding issue.
I yield back the balance of my time.
Amendment Offered by Mr. Broun of Georgia
Mr. BROUN of Georgia. I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 48, line 16, after the dollar amount, insert
``(reduced by $1,287,000)''.
Page 150, line 9, after the dollar amount, insert
``(increased by $1,287,000)''.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. BROUN of Georgia. My amendment would reduce funding for the
administrative expenses within the Federal Transit Administration by
$1,287,000.
This office is one of 13 in the underlying bill which is slated to
receive increases for administrative expenses despite the dire fiscal
environment we have in our Nation, but we've got to stop the outrageous
spending that government has been doing.
The passage of my amendment would simply bring the funding level for
these administrative expenses that are within the Federal Transit
Administration back to the level of this year. It would just reduce the
increase back to current levels.
I urge the support of my amendment, and I yield back the balance of
my time.
Mr. OLVER. Madam Chairman, I rise in opposition to this amendment.
The Acting CHAIR. The gentleman from Massachusetts is recognized for
5 minutes.
Mr. OLVER. From what I understand of this amendment, the gentleman
from Georgia is now removing a little over $1 million, $1,300,000 or
thereabouts, from the $100 million that is assigned by Mr. Latham's
bill for the administrative expenses of the FTA.
As I pointed out in my opening statement, 65 percent of all of our
population in this country--and it's going up every census--is now
living in metropolitan areas with populations of greater than a half a
million people. The remarkable thing about this is that, among the 50
largest metropolitan areas, there is a 25 percent increase every decade
in their populations.
Georgia has one of those major population areas--the whole Atlanta
area--which is also growing by more than 25 percent every decade, but
the gentleman is trying to constrain the dollars of the FTA, which is
the agency that provides the development of transit services for all of
these major metropolitan areas around the country.
I think that this is an exceedingly modest increase that has been
proposed. Virtually everybody has metropolitan areas that are in need
of this enormous increase in investments for transit services, for
public transportation services, whether they be by commuter rail or by
light rail--any one of those programs.
[[Page H4048]]
{time} 2120
I just think that this is an exceedingly short-sighted amendment to
be trying to impose upon the FTA, which has increased its total
services to the urban parts of the country. Year after year, the number
of grants that are being given out, the amount of the administration of
those grants goes up, and it must continue to go up if we're going to
continue to have growth in population, which we expect is going to
continue at roughly 10 percent per decade, as it has in the last
decade.
I strongly oppose this amendment and urge a ``no'' vote on the
amendment. I think that it is clearly a counterproductive thing to be
doing, no matter what our economic times may look like at the present
time.
We have to get back to a growth program in this country. We have to
get back to building more infrastructure and to administrate through
the FTA the programs by which those infrastructure improvements get
made in all of the metropolitan areas that are growing around the
country.
With that, I yield back the balance of my time.
Mr. LATHAM. Madam Chair, I move to strike the last word.
The Acting CHAIR. The gentleman from Iowa is recognized for 5
minutes.
Mr. LATHAM. Madam Chairwoman, I rise to oppose the gentleman's
amendment.
This is a minor 1.3 percent increase over the prior year with all of
the increase going to uncontrollable costs, such as additional
compensable workday, rent and IT maintenance costs. Further, we've
already rejected $66 million of funds for new activities requested in
the President's budget.
This is also one mode where we shouldn't cut funds. The FTA staffing
has increased only 19.7 percent over the last 20 years, yet FTA funding
has increased by 129 percent, and the number of grants that FTA
administers and oversees has increased 118 percent. I'm not sure
cutting S&E funding is the right thing to do in an agency that oversees
this much of the Federal funds. We're talking about 0.0005 percent, the
full-time equivalent for every thousand dollars that the grants are
doled out.
I thank the gentleman for his interest in reducing spending. I would
say we've already cut $66 million, and I will oppose any effort to
reduce FDA's oversightability.
Again, I would ask for a ``no'' vote, and I yield back the balance of
my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Georgia (Mr. Broun).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. BROUN of Georgia. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Georgia will
be postponed.
The Clerk will read.
The Clerk read as follows:
formula and bus grants
(limitation on obligations)
(highway trust fund)
Contingent upon enactment of surface transportation
authorization legislation, funds available in fiscal year
2013 for the implementation or execution of transit formula
and bus grant programs authorized under title 49, United
States Code, as amended by such authorization, shall not
exceed total obligations of $8,360,565,000 from the Mass
Transit Account of the Highway Trust Fund.
(liquidation of contract authority)
(highway trust fund)
Contingent upon enactment of surface transportation
authorization legislation, $9,400,000,000, to remain
available until expended and to be derived from the Mass
Transit Account of the Highway Trust Fund, for payment of
obligations incurred in carrying out mass transit programs
authorized under title 49, United States Code, as amended by
such authorization.
research and university research centers
For necessary expenses to carry out 49 U.S.C. 5306, 5312-
5315, 5322, and 5506, $44,000,000, to remain available until
expended: Provided, That $6,500,000 is available to carry out
the transit cooperative research program under section 5313
of title 49, United States Code, $3,000,000 is available for
the National Transit Institute under section 5315 of title
49, United States Code, and $4,000,000 is available for the
university transportation centers program under section 5506
of title 49, United States Code: Provided further, That
$20,000,000 is available to carry out innovative research and
demonstrations of national significance under section 5312 of
title 49, United States Code.
capital investment grants
For necessary expenses to carry out section 5309 of title
49, United States Code, $1,816,993,000, to remain available
until expended, of which $127,566,794 shall be available to
carry out section 5309(e) of such title.
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit
Authority as authorized under section 601 of division B of
Public Law 110-432, $150,000,000, to remain available until
expended: Provided, That the Secretary shall approve grants
for capital and preventive maintenance expenditures for the
Washington Metropolitan Area Transit Authority only after
receiving and reviewing a request for each specific project:
Provided further, That prior to approving such grants, the
Secretary shall determine that the Washington Metropolitan
Area Transit Authority has placed the highest priority on
those investments that will improve the safety of the system:
Provided further, That the Secretary, in order to ensure
safety throughout the rail system, may waive the requirements
of section 601(e)(1) of title VI of Public Law 110-432 (112
Stat. 4968) for fiscal year 2013.
Amendment Offered by Mr. Garrett
Mr. GARRETT. I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 50, line 18, after the dollar amount, insert
``(reduced to $0)''.
Page 150, line 9, after the dollar amount, insert
``(increased by $150,000,000)''.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. GARRETT. It is the desire of this House and Members of this side
of the aisle that we put an end to earmarks, and yet some might say
that in this bill there contains $150 million solely for the benefit of
one particular project, the Washington Metropolitan Area Transit
Authority, or WMATA.
This is just one-tenth of the $1.5 billion that Congress intends to
spend on the D.C. metro system over a 10-year period. This may not be
considered your average earmark. The Heritage Foundation has dubbed
this--according to Heritage--``the largest earmark in American
history.''
Why? Well, the amendment before us is simple. It would eliminate the
subsidy to WMATA that has been received since 2008. At a time of record
budget deficits and debt, the American people cannot afford to provide
a special subsidy, especially when it takes into consideration the fact
that the D.C. metro area already receives funds from several different
Federal transit programs. And given the performance of this agency, I
really find it amazing. I find it astounding that this year the
American people should be expected to give them another $150 million of
their hard-earned money.
In addition to the daily service interruptions, the lax management,
and the generally poor performance that we're all familiar with, Metro
has a significant record of wasteful spending. In 2005, The Washington
Post reported that Metro spent $382 million to rebuild cars only to
have them break down more often than those that weren't overhauled. The
Post also pointed out that when senior agency attorneys wanted two new
window offices, they spent $270,000 just to accommodate them. Why not?
It's just taxpayer dollars from across the rest of this country.
Earlier this year, it was reported that the Office of the Inspector
General uncovered several personnel and unwarranted expenses on Metro's
credit card, such as $2,000 worth of gift cards, three camcorders
valued at $700, and even $180 just for headphones alone.
Madam Chair, we cannot afford to keep pouring our money into an
Agency that clearly hasn't done its job of cleaning its own house.
Finally, it is curious to note that the $150 million this bill
provides for is $15 million more than the President requested in his
budget. Do we really want to be out-spending the President of the
United States in this area?
Finally, hardworking taxpayers should not be forced to subsidize a
transportation system that has basically failed over the years to get
its own fiscal house in order. We owe it to the American people to do
better than that.
With that, I yield back the balance of my time.
Mr. OLVER. Madam Chair, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Massachusetts is recognized for
5 minutes.
[[Page H4049]]
{time} 2130
Mr. OLVER. Madam Chairwoman, the amendment that is offered here in
this instance is really quite a curious one, it seems to me.
The gentleman offering the amendment is from New Jersey, the largest
overall metropolitan system, with its commuter rails, with its
expansions needed, always repairing, always upgrading, always expanding
the systems that serve the whole New York metropolitan area. It serves
northern New Jersey, which partly serves people in his district.
Now, the amendment that is being proposed is an amendment that
affects WMATA, the Washington/Virginia/Maryland metropolitan area,
which is our sixth largest metro area, with somewhat over 5 million
people. I don't know exactly--although my staff here is trying to
figure it out--how many riders there are on WMATA each year.
The expenditure under consideration of $150 million a year was fully
authorized by the PRIIA Act in 2008, signed by President Bush at that
time. And this is about the third or fourth year of the $150 million
guarantee, the commitment in the authorizing bill to do the $150
million per year in the whole system, no specific place, not in a
specific congressional district, though there are several congressional
districts in which WMATA functions. And it's matched dollar for dollar.
It's 50 percent matching moneys. Maryland, Virginia, and D.C. have to
match the $150 million along the way.
We do have, occasionally, safety problems. We have had some crashes
here in Washington and some people who have been injured or killed in
those crashes.
And I find it really quite curious that the gentleman from New Jersey
would be trying to take away the money that is fully authorized----
Mr. GARRETT. Will the gentleman yield?
Mr. OLVER. I would be happy to yield to the gentleman from New
Jersey.
Mr. GARRETT. I find it odd that I am in the position here of actually
defending the President of the United States and defending what his
recommendations are in this area, but I will gladly do so.
The President suggested that, with all of those factors that you have
just played out taken into consideration, it was his opinion that we
should not be spending this full amount of money. It was President
Obama's suggestion that we actually curtail the money.
Mr. OLVER. Yes.
Reclaiming my time, it has been the position of our subcommittee
looking at, realizing that the authorization in the PRIIA Act and the
commitments that had been made to this metropolitan area, which many of
us and many of our staff use for transportation. We have had serious
safety problems, and a serious need has been shown through those safety
problems for an upgrading of the equipment and systems that we use in
this area.
So I think it is certainly my position, and I think it is the
chairman of the subcommittee's position, that this is a choice well
made, critically made, with critical thought to why this was being done
for the safety of the people using the WMATA public transportation
system all over Maryland, D.C., and northern Virginia.
Mr. GARRETT. If the gentleman will yield, then the question is: Are
you suggesting that the President does not care for the safety of this
administration? Are you suggesting that the President----
Mr. OLVER. I'm not suggesting any such thing.
I am suggesting that this is a legislative position, that this should
be done, that it has been agreed to be done.
I now have the number of riders. We had 217 million riders in the
WMATA system in 2011. That's a huge number of riders, and they deserve
some consideration for the safety of the WMATA system.
I yield back the balance of my time.
Mr. WOLF. I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Virginia is recognized for 5
minutes.
Mr. WOLF. This language came about as a result of our former
colleague from Virginia, Tom Davis.
There are many ideas behind it. I didn't know the amendment was
coming up. I think that is part of the problem around here with the
prefiling. It would be nice to let Members know what is coming up so
they know. But I did see it, so I ran over.
One, the number of Federal employees. This serves the Pentagon. It
serves most of the Federal agencies in the government. But if you
looked at the Metro today, most of the people riding it today were
tourists from New Jersey and from Texas and from other places like that
around.
When you look at Metro with regard to the inauguration and many of
the other events, that was the whole concept, that the administration,
both Republican and Democrat--and this was a Republican amendment
offered by Congressman Tom Davis to have this funding over a period of,
I think, if my memory serves me, over a period of 10 years.
So I rise in strong opposition to the Garrett amendment and ask that
Congress maintain the integrity of what Congressman Davis and many
other Congresses have done in the past.
Mr. GARRETT. Will the gentleman yield?
Mr. WOLF. I yield to the gentleman from New Jersey.
Mr. GARRETT. I understand all the points that you raise as far as who
is using the system, New Jersey people and New York people. But I can
make that exact same argument about the New York/New Jersey
metropolitan area and our transit area as well, and we don't have a
$150 million extra earmark in for our area.
Already, the D.C. metro area is getting $1.5 billion from Congress,
from the U.S. taxpayers from Colorado to Oklahoma to Tennessee for this
system, and now they're getting $150 million more. But all the tourists
that come up from all over the United States to visit my metropolitan
area in New York/New Jersey, we're not getting an extra $150 million,
and we have the same exact concerns as far as safety and maintenance
and the rest.
So the constituents in my area are saying, Why is it that only the
constituents down here get this extra earmark and we don't see the same
thing for other metropolitan areas?
I thank the gentleman for yielding.
Mr. WOLF. I thank the gentleman.
This is the Nation's Capital. We are the Nation's Capital. People
from all over the world come here.
And I want to be sure--things are thrown around on this floor many
times that are not accurate. A large proportion of the New York system
was paid for with Federal taxpayer money.
This was the agreement that was made by the Government Operations
Committee, I think, in conjunction with Congressman Davis, Congressman
Hoyer, and others a number of years ago. Congressman Davis is no longer
here, but that was the whole sentiment with regard behind it.
So I urge Members to vote ``no'' on the Garrett amendment and yield
back the balance of my time.
Mr. OLVER. Madam Chairman, I move to strike the last word.
The Acting CHAIR. The gentleman from Massachusetts is recognized for
5 minutes.
Mr. OLVER. Madam Chairwoman, I understand that since I claimed the
time in opposition, I retain, then, the right to strike the last word,
so I have struck the last word. Thank you very much.
Just to continue this one, New York, at the present time, is
benefiting from enormous additional investments in two major projects.
One reaches out into Long Island, the so-called East Side Access
project, which you wouldn't know or care, perhaps, much about because
it reaches to all the population out on Long Island--to the east, to
that direction for you, to the east--and the Second Avenue Subway.
{time} 2140
So that New York system has those two very large programs. Each one
of them is about $2 billion. That's $2 billion going on concurrently
with what this 10-year program is for the maintenance of the system
here in Washington, when we have had clear evidence of safety
difficulties and equipment difficulties that had not been taken into
account. We were not putting enough investment into the maintenance of
the Washington system.
And to add to the gentleman from Virginia's comment about this, our
[[Page H4050]]
constituents from every district all over the country come to
Washington and deserve to have a really good public transportation
system in Washington. So it is in all of our interests to make certain
that that system is up to snuff on safety and the equipment is in good
repair. So I have no apology whatsoever for supporting this one, and
would strongly urge that we defeat this amendment.
I yield back the balance of my time.
Mr. CULBERSON. I move to strike the last word.
The Acting CHAIR. The gentleman from Texas is recognized for 5
minutes.
Mr. CULBERSON. Madam Chairman, I want to be sure to point out to the
House that the account is authorized. Under the Passenger Rail
Improvement Act, in order for the metropolitan D.C. area to receive the
funds, Virginia, Maryland, and the District of Columbia have to match
the money, which certainly helps. And I also note that the committee
has included language, which is very important, that the Federal
Government cannot provide more than 60 percent for the first time.
That's important that the local communities do their fair share.
All of the money in the Passenger Rail Improvement Act for the D.C.
area has to be used for safety and capital improvements only. They can
use the money only to buy new cars and equipment to improve the safety
of the system. And as my good friend from New Jersey has pointed out,
if there's clearly evidence, apparently, of misuse of the funds, the
inspector general can certainly investigate that and even bring
criminal charges against those responsible for using the funds for a
purpose other than that authorized by the Passenger Rail Improvement
Act.
I think it's also important to point out that the bill, overall, cuts
New Starts funding by $419 million and cuts the request for
administrative funding for the FTA by $66 million.
These bills that Chairman Rogers has presided over that all of us on
Appropriations have worked so hard on, for the first time we've got a
whole series of bills reducing spending year after year. There's much,
much more to do. And while I'm certainly in philosophical agreement
with the gentleman's amendment, because of the careful balance the bill
strikes in funding an authorized program, it can only be used for a
limited purpose that must be matched, and the committee would like to
ask for a ``no'' vote on the gentleman's amendment.
Mr. GARRETT. Will the gentleman yield?
Mr. CULBERSON. I am happy to yield to my good friend from New Jersey.
Mr. GARRETT. I will just make three quick points. One is, again, it
is really odd that here I stand with you next to the microphone and
that I am actually defending the more conservative position and
actually defending the position of the President of the United States,
who says we should be spending less money.
Secondly, in a time when we all said, Let's eliminate earmarks, here
we have, as Heritage says, the largest earmark in American history.
Because this is not simply an issue of saying that this program has a
safety need and no one else does. If it wasn't a grant application
process where New York, New Jersey, or any other system around the
country could have applied and say, Our safety needs are X times high
or less than Washington, D.C., maybe there wouldn't be a concern. But
that's not the case here.
All the other metropolitan transit systems in the country aren't
being weighed as far as what their safety needs or what their
maintenance needs are. It just simply made a decision here that
Washington, D.C., and the congressional districts that it contains
around it somehow or another merit greater service than do the other
ones in Chicago or New York or New Jersey, what have you. I think
that's where the difficulty lies.
Mr. CULBERSON. If I could reclaim my time, the gentleman and I worked
together arm-in-arm on so many good conservative causes, and in this
one area we do have a slight disagreement. I would point out that the
statute requires that the metropolitan Washington transit entity has to
submit a grant application. Under the law, they can't just
automatically access these funds. They have to submit a grant
application that complies with all the Federal Transit Administration's
requirements. They have to demonstrate that the money will be used for
the narrow purposes authorized by the act for safety and capital
improvements, and they must comply with all of the other requirements
that every other transit entity in the Nation complies with.
For all those reasons, to keep the careful balance the committee has
struck, the overall reduction in funding, the committee would ask for a
``no'' vote on this amendment, and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from New Jersey (Mr. Garrett).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. GARRETT. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from New Jersey
will be postponed.
The Clerk will read.
The Clerk read as follows:
administrative provisions--federal transit administration
(including rescission of funds)
Sec. 160. The limitations on obligations for the programs
of the Federal Transit Administration shall not apply to any
authority under 49 U.S.C. 5338, previously made available for
obligation, or to any other authority previously made
available for obligation.
Sec. 161. Notwithstanding any other provision of law,
funds appropriated or limited by this Act under the Federal
Transit Administration's discretionary program appropriations
headings for projects specified in this Act or identified in
reports accompanying this Act not obligated by September 30,
2015, and other recoveries, shall be directed to projects
eligible to use the funds for the purposes for which they
were originally provided.
Sec. 162. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2012, under any section
of chapter 53 of title 49, United States Code, that remain
available for expenditure, may be transferred to and
administered under the most recent appropriation heading for
any such section.
Sec. 163. Notwithstanding any other provision of law,
unobligated funds made available for new fixed guideway
system projects under the heading ``Federal Transit
Administration, Capital Investment Grants'' in any
appropriations Act prior to this Act may be used during this
fiscal year to satisfy expenses incurred for such projects.
Sec. 164. Notwithstanding any other provision of law,
unobligated funds or recoveries under section 5309 of title
49, United States Code, that are available to the Secretary
of Transportation for reallocation shall be directed to
projects eligible to use the funds for the purposes for which
they were originally provided.
Sec. 165. In addition to the amounts made available under
section 5327(c)(1) of title 49, United States Code, the
Secretary may use, for program management activities
described in section 5327(c)(2), 1.5 percent of the amount
made available to carry out section 5316 of title 49, United
States Code: Provided, That funds made available for program
management oversight shall be used to oversee the compliance
of a recipient or subrecipient of Federal transit assistance
consistent with activities identified under section
5327(c)(2) and for purposes of enforcement.
Sec. 166. Notwithstanding any other provision of law, none
of the funds made available in this Act shall be available to
carry out 49 U.S.C. 5309(m)(6)(B) and (C).
Sec. 167. Notwithstanding any other provision of law, none
of the funds made available in this Act shall be used to
enter into a full funding grant agreement for a project with
a New Starts share greater than 60 percent.
Sec. 168. The Secretary shall conduct a formal
adjudication in accordance with section 554 of title 5,
United States Code, requiring any transit agency that during
fiscal year 2008 was both initially granted a 60-day period
to come into compliance with part 604, and then granted an
exception from such part in this fiscal year to present
evidence why it cannot come into compliance with such part:
Provided, That any determination arising from the
adjudication shall be sent to the House and Senate Committees
on Appropriations for consideration: Provided further, That
this section shall be obviated if there is an arrangement
between such transit agency and charter bus providers that
the Secretary considers appropriate in accordance with
section 5323(d) of title 49, United States Code.
Sec. 169. For purposes of applying the project
justification and local financial commitment criteria of 49
U.S.C. 5309(d) to a New Starts project, the Secretary may
consider the costs and ridership of any connected project in
an instance in which private parties are making significant
financial contributions to the construction of the connected
project; additionally, the Secretary may consider the
significant financial contributions of private parties to the
connected
[[Page H4051]]
project in calculating the non-Federal share of net capital
project costs for the New Starts project.
Sec. 169A. Of the funds made available for the Formula
Grants program, as authorized by Public Law 97-424, as
amended, $70,867,394 are hereby permanently rescinded:
Provided, That of the funds made available for the Formula
Grants program, as authorized by Public Law 91-43, as
amended, $699,307 are hereby permanently rescinded: Provided
further, That of the funds made available for the Formula
Grants program as authorized by Public Law 95-599, as
amended, $928,838 are hereby permanently rescinded: Provided
further, That of the funds made available for the University
Transportation Research program, as authorized by Public Law
91-453, as amended, and by Public Law 102-240, as amended,
$292,554 are hereby permanently rescinded: Provided further,
That of the funds made available for the Job Access and
Reverse Commute program, as authorized by Public Law 105-178,
as amended, $14,661,719 are hereby permanently rescinded:
Provided further, That of the funds made available for the
Capital Investment Grants program, as authorized by Public
Law 105-178, as amended, $11,429,055 are hereby permanently
rescinded: Provided further, That of the funds made available
for the Research, Training, and Human Resources program, as
authorized by Public Law 95-599, as amended, $247,579 are
hereby permanently rescinded: Provided further, That of the
funds made available for the Interstate Transfer Grants
program, as authorized by 23 U.S.C. 103(e)(4), $2,661,568 are
hereby permanently rescinded: Provided further, That of the
funds made available for the Washington Metropolitan Area
Transit Authority, as authorized by section 14 of Public Law
96-184, as amended, and by Public Law 101-551, as amended,
$523,000 are hereby permanently rescinded: Provided further,
That of the funds made available for the Urban Discretionary
Grants program, as authorized by Public Law 88-365, as
amended, $578,353 are hereby permanently rescinded: Provided
further, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
Sec. 169B. None of the funds in this Act may be available
to advance a new fixed guideway capital project to final
design or a full funding grant agreement as defined by 49
U.S.C. 5309 for the Metropolitan Transit Authority of Harris
County, Texas if the proposed capital project is constructed
on or planned to be constructed on Richmond Avenue west of
Montrose Boulevard or on Post Oak Boulevard north of Richmond
Avenue in Houston, Texas.
Sec. 169C. Notwithstanding any other provision of law,
fuel for vehicle operations, including the cost of utilities
used for the propulsion of electrically driven vehicles,
shall be treated as an associated capital maintenance item
for purposes of grants made under section 5307 of title 49,
United States Code, in fiscal year 2013. Amounts made under
this heading shall be limited to $100,000,000.
Point of Order
Mr. DUNCAN of Tennessee. Madam Chairwoman, I rise to raise a point of
order against section 169C.
The Acting CHAIR. The gentleman will state his point of order.
Mr. DUNCAN of Tennessee. Madam Chairwoman, I raise a point of order
against section 169C on page 56, lines 10 through 16. This section
violates clause 2(b) of rule XXI. It changes existing law and therefore
constitutes legislating on an appropriation bill in violation of House
rules.
I would also note that the issue of when transit agencies can use
Federal transit funds for operating expenses is part of conference
negotiations on the highway bill, which hopefully will be resolved by
the end of this week. The conference report will include a better, more
targeted policy on this issue.
I request a ruling in favor of this point of order.
The Acting CHAIR. Does any other Member wish to be heard on the point
of order? If not, the Chair will rule.
The Chair finds that this section explicitly supersedes existing law.
The section therefore constitutes legislation in violation of clause 2
of rule XXI. The point of order is sustained and the section is
stricken from the bill.
The Clerk will read.
The Clerk read as follows:
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available to the Corporation,
and in accord with law, and to make such contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act, as amended, as may be necessary in carrying out the
programs set forth in the Corporation's budget for the
current fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses for operations, maintenance, and
capital asset renewal of those portions of the St. Lawrence
Seaway owned, operated, and maintained by the Saint Lawrence
Seaway Development Corporation, $33,000,000, to be derived
from the Harbor Maintenance Trust Fund, pursuant to Public
Law 99-662.
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $184,000,000, to remain available until
expended.
operations and training
For necessary expenses of operations and training
activities authorized by law, $145,753,000, of which
$11,500,000 shall remain available until expended for
maintenance and repair of training ships at State Maritime
Academies, and of which $2,400,000 shall remain available
through September 30, 2014 for Student Incentive Program
payments at State Maritime Academies, and of which not less
than $14,000,000 shall remain available until expended for
capital improvements at the United States Merchant Marine
Academy: Provided, That amounts apportioned for the United
States Merchant Marine Academy shall be available only upon
allotments made personally by the Secretary of Transportation
or the Assistant Secretary for Budget and Programs: Provided
further, That the Superintendent, Deputy Superintendent and
the Director of the Office of Resource Management of the
United State Merchant Marine Academy may not be allotment
holders for the United States Merchant Marine Academy, and
the Administrator of the Maritime Administration shall hold
all allotments made by the Secretary of Transportation or the
Assistant Secretary for Budget and Programs under the
previous proviso: Provided further, That 50 percent of the
funding made available for the United States Merchant Marine
Academy under this heading shall be available only after the
Secretary, in consultation with the Superintendent and the
Maritime Administrator, completes a plan detailing by program
or activity how such funding will be expended at the Academy,
and this plan is submitted to the House and Senate Committees
on Appropriations.
ship disposal
For necessary expenses related to the disposal of obsolete
vessels in the National Defense Reserve Fleet of the Maritime
Administration, $4,000,000, to remain available until
expended.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For the necessary administrative expenses of the maritime
guaranteed loan program, $3,750,000 shall be paid to the
appropriation for ``Operations and Training'', Maritime
Administration.
{time} 2150
Amendment Offered by Mr. Broun of Georgia
Mr. BROUN of Georgia. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 59, line 7, after the dollar amount, insert ``(reduced
by $10,000)''.
Page 150, line 9, after the dollar amount, insert
``(increased by $10,000)''.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. BROUN of Georgia. Madam Chair, my amendment would reduce funding
for the administrative expenses for the Maritime Guaranteed Loan
program by $10,000. That's all. It doesn't sound like much, but it
freezes spending at the current levels.
I believe very firmly that we ought to cut spending in this House.
We've cut our MRAs, our own operating accounts for our own
administrative expenses by 11 percent. What this amendment does, it
freezes at the current fiscal year '12 levels. It is a minor amount of
money to most folks, but still, $10,000 is a lot of money to this old
Georgia boy.
So I urge adoption of my amendment, and I yield back the balance of
my time.
Mr. LATHAM. Madam Chair, I move to strike the last word.
The Acting CHAIR. The gentleman from Iowa is recognized for 5
minutes.
Mr. LATHAM. I would just accept the amendment, and I yield back the
balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Georgia (Mr. Broun).
The amendment was agreed to.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:
[[Page H4052]]
administrative provisions--maritime administration
Sec. 170. Notwithstanding any other provision of this Act,
the Maritime Administration is authorized to furnish
utilities and services and make necessary repairs in
connection with any lease, contract, or occupancy involving
Government property under control of the Maritime
Administration: Provided, That payments received therefor
shall be credited to the appropriation charged with the cost
thereof and shall be available until expended: Provided
further, That rental payments under any such lease, contract,
or occupancy for items other than such utilities, services,
or repairs shall be covered into the Treasury as
miscellaneous receipts.
Sec. 171. None of the funds available or appropriated in
this Act shall be used by the United States Department of
Transportation or the United States Maritime Administration
to negotiate or otherwise execute, enter into, facilitate or
perform fee-for-service contracts for vessel disposal,
scrapping or recycling, unless there is no qualified domestic
ship recycler that will pay any sum of money to purchase and
scrap or recycle a vessel owned, operated or managed by the
Maritime Administration or that is part of the National
Defense Reserve Fleet. Such sales offers must be consistent
with the solicitation and provide that the work will be
performed in a timely manner at a facility qualified within
the meaning of section 3502 of Public Law 106-398. Nothing
contained herein shall affect the Maritime Administration's
authority to award contracts at least cost to the Federal
Government and consistent with the requirements of 16 U.S.C.
5405(c), section 3502, or otherwise authorized under the
Federal Acquisition Regulation.
Pipeline and Hazardous Materials Safety Administration
operational expenses
(pipeline safety fund)
(including transfer of funds)
For necessary operational expenses of the Pipeline and
Hazardous Materials Safety Administration, $23,030,000, of
which $639,000 shall be derived from the Pipeline Safety
Fund: Provided, That $1,500,000 shall be transferred to
``Pipeline Safety'' in order to fund ``Pipeline Safety
Information Grants to Communities'' as authorized under
section 60130 of title 49, United States Code.
Amendment Offered by Mr. Broun of Georgia
Mr. BROUN of Georgia. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 60, line 25, after the first dollar amount, insert
``(reduced by $1,670,000)''.
Page 150, line 9, after the dollar amount, insert
``(increased by $1,670,000)''.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. BROUN of Georgia. Madam Chair, this, like many amendments I'm
offering tonight, would freeze spending at the FY12 levels. We've just
got to stop spending money we don't have, Madam Chairman.
I recommend adoption of my amendment, and I yield back the balance of
my time.
Mr. OLVER. Madam Chair, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Massachusetts is recognized for
5 minutes.
Mr. OLVER. What we are talking about here is pipeline safety
inspectors. The increase in pipeline safety inspectors, and the agency
is Pipeline and Hazardous Materials Safety Administration, that
organization has, over the last few years, had an ever-increasing
responsibility.
Just about 18 months ago, we had a Pacific Gas and Electric pipeline
that ruptured in San Bruno, California. The ensuing fire and explosion
leveled some 35 homes and killed eight people. The National
Transportation Safety Board's investigation found that Pacific Gas and
Electric's poor quality control and integrity management systems
contributed to the cause of the pipeline rupture. It is a prime example
of why we need strong enforcement and oversight of the Nation's ever-
expanding, really already vast, but ever-expanding pipeline system.
Now, section 31 of the Pipeline Safety Reauthorization bill enacted
on January 3 of this year authorized 10 additional pipeline inspection
and enforcement personnel if the Pipeline and Hazardous Materials
Safety Administration had filled all 135 of its existing positions by a
certain deadline.
We need to be doing more rather than less on pipeline safety, and so
I oppose this amendment very strongly.
I yield back the balance of my time.
Mr. LATHAM. Madam Chair, I move to strike the last word.
The Acting CHAIR. The gentleman from Iowa is recognized for 5
minutes.
Mr. LATHAM. I rise in strong opposition to this amendment.
This program was authorized just last year. The funds that are being
cut here are for safety inspectors, and we've had explosions in Iowa.
The gentleman referred to very tragic pipeline explosions elsewhere
around the country. We have seen a number of these explosion incidents.
We simply cannot compromise safety in this regard. It's a small
increase and consistent with the authorization that was just passed by
this Congress.
I can tell you from personal experience, in a little town of
Alexander, about 5 miles outside of town, it's been several years ago,
but a pipeline exploded, and basically we had to evacuate about a 15-
mile area, and it was a huge issue. Fortunately, no one was killed in
that explosion.
But I'll just say that this is a very important function and that we
need to have these inspectors. We need to have a focus on pipeline
safety. And so again, I would recommend a ``no'' vote on this
amendment, and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Georgia (Mr. Broun).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. BROUN of Georgia. I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Georgia will
be postponed.
The Clerk will read.
The Clerk read as follows:
hazardous materials safety
For expenses necessary to discharge the hazardous materials
safety functions of the Pipeline and Hazardous Materials
Safety Administration, $42,546,000, of which $1,725,000 shall
remain available until September 30, 2015: Provided, That up
to $800,000 in fees collected under 49 U.S.C. 5108(g) shall
be deposited in the general fund of the Treasury as
offsetting receipts: Provided further, That there may be
credited to this appropriation, to be available until
expended, funds received from States, counties,
municipalities, other public authorities, and private sources
for expenses incurred for training, for reports publication
and dissemination, and for travel expenses incurred in
performance of hazardous materials exemptions and approval
functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
(pipeline safety design review fund)
For expenses necessary to conduct the functions of the
pipeline safety program, for grants-in-aid to carry out a
pipeline safety program, as authorized by 49 U.S.C. 60107,
and to discharge the pipeline program responsibilities of the
Oil Pollution Act of 1990, $111,252,000, of which $18,573,000
shall be derived from the Oil Spill Liability Trust Fund and
shall remain available until September 30, 2015; and of which
$90,679,000 shall be derived from the Pipeline Safety Fund,
of which $48,191,000 shall remain available until September
30, 2015; and of which $2,000,000, to remain available until
expended, shall be derived as provided in this Act from the
Pipeline Safety Design Review Fund, as authorized in 49
U.S.C. 60117(n): Provided, That not less than $1,058,000 of
the funds provided under this heading shall be for the one-
call State grant program.
emergency preparedness grants
(emergency preparedness fund)
For necessary expenses to carry out 49 U.S.C. 5128(b),
$188,000, to be derived from the Emergency Preparedness Fund,
to remain available until September 30, 2014: Provided, That
not more than $28,318,000 shall be made available for
obligation in fiscal year 2013 from amounts made available by
49 U.S.C. 5116(i) and 5128(b)-(c): Provided further, That
none of the funds made available by 49 U.S.C. 5116(i),
5128(b), or 5128(c) shall be made available for obligation by
individuals other than the Secretary of Transportation, or
his designee.
Research and Innovative Technology Administration
research and development
For necessary expenses of the Research and Innovative
Technology Administration, $13,500,000: Provided, That there
may be credited to this appropriation, to be available until
expended, funds received from States, counties,
municipalities, other public authorities, and private sources
for expenses incurred for training.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of the Inspector
General to carry out the provisions of the Inspector General
Act of 1978, as amended, $84,499,000: Provided, That the
Inspector General shall have all necessary authority, in
carrying out the duties specified in the Inspector General
Act, as amended (5
[[Page H4053]]
U.S.C. App. 3), to investigate allegations of fraud,
including false statements to the government (18 U.S.C.
1001), by any person or entity that is subject to regulation
by the Department: Provided further, That the funds made
available under this heading may be used to investigate,
pursuant to section 41712 of title 49, United States Code:
(1) unfair or deceptive practices and unfair methods of
competition by domestic and foreign air carriers and ticket
agents; and (2) the compliance of domestic and foreign air
carriers with respect to item (1) of this proviso: Provided
further, That no funding through expenditure transfers shall
be made between either the Federal Highway Administration,
the Federal Aviation Administration, the Federal Transit
Administration, or the National Transportation Safety Board,
and the Office of Inspector General: Provided further, That:
(1) the Inspector General shall have the authority to audit
and investigate the Metropolitan Washington Airports
Authority (MWAA); (2) in carrying out these audits and
investigations the Inspector General shall have all the
authorities described under section 6 of the Inspector
General Act (5 U.S.C. App.); (3) MWAA Board Members,
employees, contractors, and subcontractors shall cooperate
and comply with requests from the Inspector General,
including providing testimony and other information; (4) The
Inspector General shall be permitted to observe closed
executive sessions of the MWAA Board of Directors; (5) MWAA
shall pay the expenses of the Inspector General, including
staff salaries and benefits and associated operating costs,
which shall be credited to this appropriation and remain
available until expended; and (6) if MWAA fails to make funds
available to the Inspector General within 30 days after a
request for such funds is received, then the Inspector
General shall notify the Secretary of Transportation who
shall not approve a grant for MWAA under section 47107(b) of
title 49, United States Code, until such funding is made
available for the Inspector General.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $31,250,000:
Provided, That notwithstanding any other provision of law,
not to exceed $1,250,000 from fees established by the
Chairman of the Surface Transportation Board shall be
credited to this appropriation as offsetting collections and
used for necessary and authorized expenses under this
heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar
basis as such offsetting collections are received during
fiscal year 2013, to result in a final appropriation from the
general fund estimated at no more than $30,000,000.
Amendment Offered by Mr. Broun of Georgia
Mr. BROUN of Georgia. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 65, line 11, after the dollar amount, insert
``(reduced by $1,940,000)''.
Page 150, line 9, after the dollar amount, insert
``(increased by $1,940,000)''.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. BROUN of Georgia. Madam Chair, my amendment will reduce funding
for salaries and expenses for the Surface Transportation Board by
$1,940,000. This office is one of 13 in the underlying bill which would
receive increases for administrative expenses in this underlying bill.
Passage of my amendment would simply bring funding levels back to
current levels, fiscal year 2012.
Madam Chair, we are spending money we don't have. We have reduced our
own operating expenses as Members of the House by 11 percent, over 11
percent, and this amendment would just freeze--would prevent any
increase in the salaries and expenses for the Surface Transportation
Board--to this year's level.
{time} 2200
We've got to be fiscally responsible, Madam Chairman, as a Nation.
We've got to stop the outrageous spending that's going on here in
Washington. And this doesn't even stop it; this just freezes it at the
current levels.
This, hopefully, is going to put a little spotlight on the fact that
we need to stop spending money we don't have, stop borrowing 40 cents
on every dollar the Federal Government spends. My amendment would just
freeze spending at the current levels.
I urge support of my amendment, and I yield back the balance of my
time.
Mr. LATHAM. I move to strike the last word.
The Acting CHAIR. The gentleman from Iowa is recognized for 5
minutes.
Mr. LATHAM. Madam Chairwoman, I accept the amendment, and I yield
back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Georgia (Mr. Broun).
The amendment was agreed to.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:
General Provisions--Department of Transportation
Sec. 180. During the current fiscal year, applicable
appropriations to the Department of Transportation shall be
available for maintenance and operation of aircraft; hire of
passenger motor vehicles and aircraft; purchase of liability
insurance for motor vehicles operating in foreign countries
on official department business; and uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 181. Appropriations contained in this Act for the
Department of Transportation shall be available for services
as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate for an
Executive Level IV.
Sec. 182. None of the funds in this Act shall be available
for salaries and expenses of more than 110 political and
Presidential appointees in the Department of Transportation:
Provided, That none of the personnel covered by this
provision may be assigned on temporary detail outside the
Department of Transportation.
Sec. 183. (a) No recipient of funds made available in this
Act shall disseminate personal information (as defined in 18
U.S.C. 2725(3)) obtained by a State department of motor
vehicles in connection with a motor vehicle record as defined
in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721
for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold funds provided in this Act for any grantee if a
State is in noncompliance with this provision.
Sec. 184. Funds received by the Federal Highway
Administration, Federal Transit Administration, and Federal
Railroad Administration from States, counties,
municipalities, other public authorities, and private sources
for expenses incurred for training may be credited
respectively to the Federal Highway Administration's
``Federal-Aid Highways'' account, the Federal Transit
Administration's ``Research and University Research Centers''
account, and to the Federal Railroad Administration's
``Safety and Operations'' account, except for State rail
safety inspectors participating in training pursuant to 49
U.S.C. 20105.
Sec. 185. None of the funds in this Act to the Department
of Transportation may be used to make a grant unless the
Secretary of Transportation notifies the House and Senate
Committees on Appropriations not less than 3 full business
days before any project competitively selected to receive a
discretionary grant award, any discretionary grant award,
letter of intent, or full funding grant agreement totaling
$1,000,000 or more is announced by the department or its
modal administrations from:
(1) any discretionary grant program of the Federal Highway
Administration including the emergency relief program;
(2) the airport improvement program of the Federal Aviation
Administration;
(3) any program of the Federal Railroad Administration;
(4) any program of the Federal Transit Administration other
than the formula grants and fixed guideway modernization
programs; or
(5) any funding provided under the headings ``National
Infrastructure Investments'' in this Act: Provided, That the
Secretary gives concurrent notification to the House and
Senate Committees on Appropriations for any ``quick release''
of funds from the emergency relief program: Provided further,
That no notification shall involve funds that are not
available for obligation.
Sec. 186. Rebates, refunds, incentive payments, minor fees
and other funds received by the Department of Transportation
from travel management centers, charge card programs, the
subleasing of building space, and miscellaneous sources are
to be credited to appropriations of the Department of
Transportation and allocated to elements of the Department of
Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 187. Amounts made available in this or any other Act
that the Secretary determines represent improper payments by
the Department of Transportation to a third-party contractor
under a financial assistance award, which are recovered
pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments;
and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation
of the Improper Payments Information Act of 2002: Provided,
That amounts in excess of that required for paragraphs (1)
and (2)--
(A) shall be credited to and merged with the appropriation
from which the improper payments were made, and shall be
available for the purposes and period for which such
appropriations are available; or
(B) if no such appropriation remains available, shall be
deposited in the Treasury as miscellaneous receipts: Provided
further, That prior to the transfer of any such recovery to
an appropriations account, the Secretary shall notify to the
House and Senate Committees on Appropriations of the
[[Page H4054]]
amount and reasons for such transfer: Provided further, That
for purposes of this section, the term ``improper payments'',
has the same meaning as that provided in section 2(d)(2) of
Public Law 107-300.
Sec. 188. Notwithstanding any other provision of law, if
any funds provided in or limited by this Act are subject to a
reprogramming action that requires notice to be provided to
the House and Senate Committees on Appropriations, said
reprogramming action shall be approved or denied solely by
the Committees on Appropriations: Provided, That the
Secretary may provide notice to other congressional
committees of the action of the Committees on Appropriations
on such reprogramming but not sooner than 30 days following
the date on which the reprogramming action has been approved
or denied by the House and Senate Committees on
Appropriations.
Sec. 189. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface
Transportation Board of the Department of Transportation to
charge or collect any filing fee for rate complaints filed
with the Board in an amount in excess of the amount
authorized for district court civil suit filing fees under
section 1914 of title 28, United States Code.
Sec. 190. Funds appropriated in this Act to the modal
administrations may be obligated for the Office of the
Secretary for the costs related to assessments or
reimbursable agreements only when such amounts are for the
costs of goods and services that are purchased to provide a
direct benefit to the applicable modal administration or
administrations.
This title may be cited as the ``Department of
Transportation Appropriations Act, 2013''.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
administration, operations, and management
For necessary salaries and expenses for administration,
management and operations of the Department of Housing and
Urban Development, $518,068,000, of which not to exceed
$3,572,000 shall be available for the immediate Office of the
Secretary; not to exceed $1,206,000 shall be for the Office
of the Deputy Secretary and the Chief Operating Officer; not
to exceed $1,711,000 shall be available for the Office of
Hearings and Appeals; not to exceed $705,000 shall be
available for the Office of Small and Disadvantaged Business
Utilization; not to exceed $47,627,000 shall be available for
the Office of the Chief Financial Officer; not to exceed
$95,102,000 shall be available for the Office of the General
Counsel; not to exceed $2,400,000 shall be available to the
Office of Congressional and Intergovernmental Relations; not
to exceed $3,502,000 shall be available for the Office of
Public Affairs; not to exceed $247,535,000 shall be available
for the Office of the Chief Human Capital Officer; not to
exceed $47,500,000 shall be available for the Office of Field
Policy and Management; not to exceed $16,563,000 shall be
available for the Office of the Chief Procurement Officer;
not to exceed $3,127,000 shall be available for the Office of
Departmental Equal Employment Opportunity; not to exceed
$1,404,000 shall be available for the Center for Faith-Based
and Community Initiatives; not to exceed $2,360,000 shall be
available for the Office of Sustainable Housing and
Communities; not to exceed $4,884,000 shall be available for
the Office of Strategic Planning and Management; and not to
exceed $38,870,000 shall be available for the Office of the
Chief Information Officer: Provided, That funds provided
under this heading may be used for necessary administrative
and non-administrative expenses of the Department of Housing
and Urban Development, not otherwise provided for, including
purchase of uniforms, or allowances therefore, as authorized
by 5 U.S.C. 5901-5902; hire of passenger motor vehicles;
services as authorized by 5 U.S.C. 3109: Provided further,
That notwithstanding any other provision of law, funds
appropriated under this heading may be used for advertising
and promotional activities that support the housing mission
area: Provided further, That the Secretary shall transmit to
the House and Senate Committees on Appropriations a detailed
budget justification for each office within the Department,
including an organizational chart for each operating area
within the Department: Provided further, That the budget
justification shall include funding levels for the past 3
fiscal years for all offices: Provided further, that the
budget submitted by the Department must also include a
detailed justification for the incremental funding increases,
decreases and FTE fluctuations being requested by program,
activity, or program element: Provided further, That the
Secretary shall provide the Committees on Appropriations
quarterly written notification regarding the status of
pending congressional reports: Provided further, That the
Secretary shall provide all signed reports required by
Congress electronically: Provided further, That not to exceed
$25,000 of the amount made available under this paragraph for
the immediate Office of the Secretary shall be available for
official reception and representation expenses as the
Secretary may determine.
Amendment Offered by Mrs. Capps
Mrs. CAPPS. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 71, line 19, after the dollar amount, insert
``(reduced by $10,000,000)''.
Page 72, line 3, after the dollar amount, insert ``(reduced
by $2,000,000)''.
Page 72, line 8, after the dollar amount, insert ``(reduced
by $5,000,000)''
Page 72, line 20, after the dollar amount, insert
``(reduced by $3,000,000)''
Page 102, line 2, after the first dollar amount, insert
``(increased by $10,000,000)''.
The Acting CHAIR. The gentlewoman from California is recognized for 5
minutes.
Mrs. CAPPS. Madam Chair, this is a straightforward amendment to
increase funding for the HUD Housing Counseling Assistance Program.
As we all know, the foreclosure crisis continues to ravage our
families in many parts of the country. This is a problem in my home
State of California, but also in many other States. Nevada, Florida,
Ohio, Illinois, and Georgia all have foreclosure rates well above the
national average.
There are many efforts aimed at solving this crisis, but local
housing counseling agencies have proven to be among the most effective
tools we have to help struggling families stay in their homes during
these tough times. These local nonprofits are filled with dedicated
staff who work tirelessly to help homeowners make informed decisions
and stay in their homes. They provide a wide range of free counseling
services, including post-purchase counseling, renter counseling,
reverse mortgage counseling for senior homeowners, and counseling for
homeless individuals and families seeking shelter. And they depend on
Federal funding from HUD's Housing Counseling Assistance Program to
provide these services.
Every dollar allocated to these local organizations helps to ensure
that all homeowners in financial distress may have a trusted third-
party resource to turn to free of charge. Recognizing the value and
effectiveness of housing counselors, Congress more than doubled funding
for this critical program from 2007 to 2010 to help combat the rapidly
expanding foreclosure crisis, and that money was money well spent.
Local counseling agencies used the funding to create jobs by hiring
additional counselors and expanding their services to meet the rapidly
growing demand created by the recession. Sadly, however, funding for
Housing Counseling Assistance was abruptly eliminated in FY 2011. This
was a devastating blow to these local organizations, resulting in
layoffs and, more important, elimination of a valuable and much needed
service to homeowners who are in trouble. Thankfully, we were able to
restore some of this funding last year, and I thank the chairman and
the Appropriations Committee for maintaining last year's funding level
in the bill before us.
But, frankly, this is not enough. The foreclosure crisis is far from
over, and the need for this funding has never been greater.
Just last month, one in every 639 houses nationwide received a
foreclosure notice. That's why my amendment would increase funding for
HUD Housing Counseling Assistance by $10 million, matching the
President's request of $55 million.
The amendment is fully paid for with a $10 million reduction in the
administration's operations and management account. This additional
funding will make a tremendous difference in the lives of middle class
Americans in my district and across this country who are desperately
trying to stay afloat.
In my district on the central coast of California, where the
foreclosure rate remains well above the national average, every little
bit makes such a difference. I know my local housing counselors, like
SurePath Financial, like People's Self-Help Housing and Cabrillo
Economic Development, they're going to be able to help many more of my
constituents with this extra funding.
I know some States have been harder hit than others by the
foreclosure crisis, but the benefits of counseling extend to all
homeowners, not just those facing foreclosure. In a recently released
study, HUD examined both families seeking to purchase their first homes
and those struggling to prevent foreclosure. In the pre-purchase
counseling study, HUD found that of those participants that became
homeowners, all but one of them remained current on their mortgage
payments after 18
[[Page H4055]]
months. This study shows that housing counseling is not only helping
address the current foreclosure crisis, it's also helping prevent
future crises by helping homeowners find mortgages that they can afford
and fully understand.
When homeowners understand their mortgage and properly plan, they're
much more likely to make their payments on time and avoid foreclosure
in the future. The Housing Counseling Assistance Program helps to make
that happen.
This program has broad national support from respected nonprofits
like Catholic Charities, National Council on Aging, and the National
Council of La Raza, and for-profit industry groups like the Mortgage
Bankers Association. And it should have broad bipartisan support here
in the House as well.
I'm willing to bet that most of my colleagues in this House have
referred constituents in need of help to their local housing counseling
agencies. I know I certainly have. I have no reservations about
referring my constituents to local HUD-certified housing counselors
because I know they will receive excellent advice and guidance. But as
the foreclosure crisis has dragged on, demand for help has far exceeded
the resources available. My amendment will not immediately solve this
enormous program, but it will certainly help.
This shouldn't be a partisan issue. I know we must make tough choices
to balance our budget, but we must also make smart choices. Voting for
my amendment is a smart choice. It's also the right choice for
Americans who are still struggling to stay afloat. So I urge my
colleagues to support our local housing counselors and vote ``yes'' on
my amendment.
Madam Chair, I yield back the balance of my time.
Mr. LATHAM. Madam Chairwoman, I rise in opposition to the
gentlelady's amendment.
The Acting CHAIR. The gentleman from Iowa is recognized for 5
minutes.
Mr. LATHAM. Madam Chairwoman, again, I oppose the gentlelady's
amendment.
This bill provides $45 million for housing counseling--the same as
last year and $45 million more than in fiscal year 2011.
HUD just reorganized into the new Office of Housing Counseling. I
would say that before we give additional resources to HUD's Housing
Counseling, we need to make sure HUD has the capability to effectively
implement this program. I think they ought to be able to walk before
they run here.
Housing Counseling agencies are still complaining of the painstaking
bureaucracy involved in applying and receiving these funds. On the
other hand, people could get housing counseling from many government
sources, including NeighborWorks.
{time} 2210
NeighborWorks gets funding out the door quickly, has extensive
metrics ensuring the proper use of the funds. We increased
NeighborWorks by $10 million over last year.
We need HUD to do this thing right. So until they can prove to us
they could, taking funding from HUD's salaries and expenses would not
be an effective use of government resources.
Again, Madam Chair, I would urge a ``no'' vote.
I yield back the balance of my time.
Mr. OLVER. Madam Chairman, I move to strike the last word.
The Acting CHAIR. The gentleman from Massachusetts is recognized for
5 minutes.
Mr. OLVER. I am inclined to support the amendment that the
gentlewoman from California has proposed, recognizing that the request
on the part of the administration was for $55 million, and that it's an
interesting juxtaposition, because the HUD counseling programming, the
request is for $55 million. The request for the National Reinvestment
Corporation, that's NeighborWorks, which does also counseling, that
request was for $213 million, for a total of $268 million.
The other body, in the legislation that they put forward, with a much
larger allocation than we had in our budget because of the position on
what the discretionary expenditure limits would be on the House side,
the other body gave 55, the President's request, but also gave 215 for
the National Reinvestment Corporation's account, which put them on the
other body's side account, to $2 million above.
In the wisdom of the chairman, on the House side, in our bill, we
have $10 million less for the HUD Department's program, but $10 million
more for the National Reinvestment Corporation's program. To my view,
it doesn't make much difference there, but I will support the
gentlewoman from California for her passion on this one.
I think it is certainly very clear that if the economy recovers, more
Americans are going to be buying homes and that it is crucial that we
have programs in place in both of those locuses that ensure that
homeowners and new homeowners and people who are prospective homeowners
do not repeat the same mistakes that led us into the financial crisis
in the first place.
So I think it's a small difference, but I'm going to support the
gentlewoman's amendment; and I hope the amendment will be adopted.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from California (Mrs. Capps).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mrs. CAPPS. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from California
will be postponed.
Amendment Offered by Mr. Gosar
Mr. GOSAR. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 71, line 19, after the dollar amount, insert
``(reduced by $24,437,268)''.
Page 71, line 20, after the dollar amount, insert
``(reduced by $168,491)''.
Page 71, line 21, after the dollar amount, insert
``(reduced by $56,887)''.
Page 71, line 23, after the dollar amount, insert
``(reduced by $80,708)''.
Page 71, line 25, after the dollar amount, insert
``(reduced by $33,255)''.
Page 72, line 2, after the dollar amount, insert ``(reduced
by $2,246,566)''.
Page 72, line 3, after the dollar amount, insert ``(reduced
by $4,485,961)''.
Page 72, line 5, after the dollar amount, insert ``(reduced
by $113,208)''.
Page 72, line 7, after the dollar amount, insert ``(reduced
by $165,189)''.
Page 72, line 8, after the dollar amount, insert ``(reduced
by $11,676,226)''.
Page 72, line 10, after the dollar amount, insert
``(reduced by $2,240,575)''.
Page 72, line 11, after the dollar amount, insert
``(reduced by $781,277)''.
Page 72, line 13, after the dollar amount, insert
``(reduced by $147,501)''.
Page 72, line 15, after the dollar amount, insert
``(reduced by $66,227)''.
Page 72, line 17, after the dollar amount, insert
``(reduced by $111,321)''.
Page 72, line 18, after the dollar amount, insert
``(reduced by $230,378)''.
Page 72, line 20, after the dollar amount, insert
``(reduced by $1,833,498)''.
Page 150, line 9, after the dollar amount, insert
``(increased by $24,437,268)''.
Mr. GOSAR (during the reading). Madam Chair, I ask unanimous consent
that the reading of the amendment be dispensed with.
The Acting CHAIR. Is there objection to the request of the gentleman
from Arizona?
There was no objection.
The Acting CHAIR. The gentleman from Arizona is recognized for 5
minutes.
Mr. GOSAR. Madam Chair, I rise today in support of my amendment to
H.R. 5972, the Transportation, Housing and Urban Development and
Related Agencies Appropriations Act for the Fiscal Year of 2013.
The purposes of my amendment are straightforward and simple. First,
the amendment aims to hold one particular Federal agency accountable
for its terrible mismanagement of resources, the Department of Housing
and Urban Development, or HUD.
Second, the amendment saves over $24 million in taxpayer dollars
during these trying economic times. I was perturbed to read that
Appropriations Committee Report numbered 112-541 as it related to HUD's
administrative operations and management. I will read an excerpt from
page 71 here:
While the Committee appreciates the expanded Congressional
Budget Justifications the Department submitted, the committee
is appalled with the quality of the information the
Department and administration provide throughout the year to
explain and to justify their budget requests. HUD does not
have adequate knowledge of the number of people
[[Page H4056]]
it takes to implement a program. Further, the information HUD
provides is often wrong, contains mathematical errors, and
calls into question HUD's entire Congressional Budget
Justification and the Department's competence in managing its
resources.
On the following page, the report goes on to show that HUD cannot
account for much of its data regarding salary and benefit levels for
its employees. HUD also violated the Anti-Deficiency Act multiple times
in FY 2011, in which the Department hired more people than it had
resources to pay.
Let me say that I do appreciate the committee's awareness of the
situation and its desire to lower funding levels in this bill, as
compared to last year's levels. But I believe that HUD's
administrative, operations and management resources can and should be
reduced to FY 2008 levels. This is a reasonable level of funding that
allowed them to do their job during very troubling economic times.
Unfortunately, we still live in such times; and that fact, combined
with their negligence, means that they must operate with less. Business
incompetence isn't an answer and cannot be rewarded within any budget.
For these reasons, I ask each Member of the House to support my
amendment to the underlying bill. This is a win-win for the American
taxpayer. You can cast a vote to hold government accountable and reduce
the deficit, and you have the ability. Join me in supporting this
commonsense amendment.
I yield back the balance of my time.
Mr. LATHAM. Madam Chair, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Iowa is recognized for 5
minutes.
Mr. LATHAM. I'm very pleased that you've read our comments about HUD
and the management problems that they've had down there. Obviously,
they've got a long way to go. They are making some real strides and
improvement. We worked closely with the Secretary to try and have some
management involved finally.
But this amendment arbitrarily cuts S&E budgets to the 2008 levels.
Just so everybody knows, we have already reduced funding by over $14
million from last year in this account. We've met the budget resolution
levels and cut overall in the bill almost $4 billion from last year's
appropriated levels.
While, again, we really appreciate the concern over the debt, this is
really an arbitrary way to budget, unfortunately, and negates the
months of work the committee has done in determining proper levels as
far as funding.
But, again, I would love to have you read, again, the committee's
comments because it has been an extraordinary problem at the
Department. Again, they are making progress, not fast enough for any of
us, and we have already, in the bill, cut $14 million from last year.
So with that, Madam Chair, I would urge a ``no'' vote.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Arizona (Mr. Gosar).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. GOSAR. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Arizona will
be postponed.
Amendment No. 1 Offered by Mr. Nadler
Mr. NADLER. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 71, line 19, after the dollar amount insert ``(reduced
by $2,000,000)''.
Page 72, line 20, after the dollar amount insert ``(reduced
by $2,000,000)''
Page 88, line 23, after the dollar amount insert
``(increased by $2,000,000)''.
The Acting CHAIR. The gentleman from New York is recognized for 5
minutes.
Mr. NADLER. Madam Chair, before I get to the substance of the
amendment, I cannot allow the occasion to pass because it may be my
last comment on the floor on this bill, and the occasion is that this
is the last time this bill will be shepherded by the gentleman from
Massachusetts (Mr. Olver), who's the ranking member and former chairman
of the subcommittee, and who's done a wonderful job and has been a help
to all of us and a help on amendments like this. And I just wanted to
say that I regret that he will not be shepherding next year's bill and
in the future.
Mr. LATHAM. Will the gentleman yield?
Mr. NADLER. I yield to the gentleman.
{time} 2220
Mr. LATHAM. Due to the hour of the evening, we will accept the
amendment. We don't need a lot of discussion. We want to get on with
the series of votes, so we will gladly accept the amendment.
Mr. NADLER. Let me describe it in one sentence.
This amendment increases the HOPWA, which is the Housing
Opportunities for Persons with AIDS, by $2 million. It offsets it with
a harmless offset.
I appreciate the cooperation, and I yield back the balance of my
time.
Madam Chair, HOPWA is a national safety net for people battling HIV/
AIDS, providing housing support through competitive and formula grants
to all fifty states, the District of Colombia, Puerto Rico and the
Virgin Islands since 1992. At any given time, one-third to one-half of
all Americans with HIV/AIDS are either homeless or in imminent danger
of losing their homes. Research shows that stable housing leads to
better health outcomes for those living with HIV. Inadequate or
unstable housing is not only a barrier to effective treatment, but also
puts people with HIV/AIDS at risk of premature death from exposure to
other diseases, poor nutrition, stress, and lack of medical care.
Housing interventions are critical in our continued fight against HIV/
AIDS, and even modest investments in stable housing programs saves
federal and state tax dollars.
It is because of the important and unique role HOPWA plays in
battling AIDS that the program enjoys broad bipartisan support, and
it's why I'm offering an amendment today that would restore $2 million
to the program.
Unfortunately, this year's Transportation-HUD appropriations bill
would fund the HOP WA program at $330 million--yet another cut to this
successful program, this time in the amount of $2 million, and the
third cut it's received in three years.
While the loss of another $2 million for HOPWA this year may seem
small by federal budgeting standards, it is far from inconsequential.
By restoring just $1 million to the HOPWA program, we can help provide
stable, affordable housing for approximately 171 households grappling
with HIV/AIDS. If you support my amendment, which would restore $2
million to the program and would maintain flat funding from FY12 to
FY13, more than 340 households will have the guarantee of secure
housing for another year.
Let me repeat that: my amendment only seeks to maintain FY12 funding
levels. $332 million is far from what's needed to help every household
eligible for the program, but for those 350 households it means
everything.
To protect these households in need while adhering to House rules, my
amendment is budget neutral reducing funding for the Chief Information
Officer by $2 million. I support the work of the Chief Information
Officer and believe that our constituents should know about, and can
gain access to, the panoply of HUD-sponsors programs designed to help
them and their families. But even after my amendment, the Chief
Information Officer would still have almost $37 million to do its work.
At a time when all families are struggling, those living with HIV/AIDS
are particularly at risk. Nothing can be more important than keeping
people in their homes and helping those struggling with disease to have
a fighting chance. For me, the choice is simple, and I urge my
colleagues to join me in supporting my amendment.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from New York (Mr. Nadler).
The amendment was agreed to.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:
Program Office Salaries and Expenses
public and indian housing
For necessary salaries and expenses of the Office of Public
and Indian Housing, $206,500,000.
Announcement by the Acting Chair
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, proceedings
will now resume on those amendments on which further proceedings were
postponed, in the following order:
An amendment by Mr. Connolly of Virginia.
An amendment by Mr. McClintock of California.
An amendment by Mr. Garrett of New Jersey.
An amendment by Mrs. Capps of California.
[[Page H4057]]
An amendment by Mr. Gosar of Arizona.
First amendment by Mr. Broun of Georgia.
Second amendment by Mr. Broun of Georgia.
Fourth amendment by Mr. Broun of Georgia.
The Chair will reduce to 2 minutes the minimum time for any
electronic vote after the first vote in this series.
Amendment Offered by Mr. Connolly of Virginia
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Virginia
(Mr. Connolly) on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 175,
noes 222, not voting 35, as follows:
[Roll No. 416]
AYES--175
Altmire
Andrews
Baca
Baldwin
Barber
Barrow
Bass (CA)
Becerra
Berkley
Berman
Bishop (GA)
Bishop (NY)
Blumenauer
Bonamici
Boswell
Brady (PA)
Braley (IA)
Brown (FL)
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Castor (FL)
Chandler
Chu
Cicilline
Clarke (MI)
Clay
Cleaver
Clyburn
Cohen
Connolly (VA)
Cooper
Costa
Costello
Courtney
Cuellar
Davis (CA)
Davis (IL)
DeFazio
DeGette
DeLauro
Dent
Deutch
Dicks
Dingell
Doggett
Dold
Donnelly (IN)
Doyle
Duncan (TN)
Edwards
Ellison
Eshoo
Farr
Fattah
Filner
Fitzpatrick
Frank (MA)
Fudge
Garamendi
Gerlach
Gibson
Gonzalez
Green, Al
Green, Gene
Grijalva
Hahn
Hanabusa
Hastings (FL)
Heinrich
Herrera Beutler
Higgins
Himes
Hinchey
Hinojosa
Hirono
Hochul
Holt
Honda
Hoyer
Israel
Jackson Lee (TX)
Johnson (GA)
Johnson, E. B.
Jones
Kaptur
Keating
Kildee
Kind
Kissell
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lipinski
Loebsack
Lowey
Lujan
Lynch
Maloney
Matheson
Matsui
McCollum
McDermott
McGovern
McIntyre
McNerney
Michaud
Miller (NC)
Miller, George
Moore
Moran
Murphy (CT)
Nadler
Napolitano
Neal
Olver
Owens
Pallone
Pascrell
Pastor (AZ)
Perlmutter
Peters
Pingree (ME)
Platts
Polis
Price (NC)
Quigley
Rahall
Reyes
Richardson
Richmond
Ross (AR)
Rothman (NJ)
Roybal-Allard
Runyan
Ruppersberger
Rush
Ryan (OH)
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell
Sherman
Shuler
Sires
Slaughter
Smith (WA)
Speier
Stark
Sutton
Thompson (CA)
Thompson (MS)
Tierney
Tonko
Van Hollen
Visclosky
Walz (MN)
Waters
Watt
Waxman
Welch
Wilson (FL)
Yarmuth
NOES--222
Adams
Aderholt
Alexander
Amash
Amodei
Austria
Bachmann
Bachus
Barletta
Bartlett
Barton (TX)
Bass (NH)
Benishek
Berg
Biggert
Bilbray
Bishop (UT)
Black
Blackburn
Bonner
Bono Mack
Boren
Boustany
Brady (TX)
Brooks
Broun (GA)
Buchanan
Bucshon
Buerkle
Burgess
Burton (IN)
Calvert
Camp
Campbell
Canseco
Cantor
Capito
Carter
Cassidy
Chabot
Chaffetz
Coble
Coffman (CO)
Cole
Conaway
Cravaack
Crawford
Crenshaw
Critz
Culberson
Davis (KY)
Denham
DesJarlais
Diaz-Balart
Dreier
Duffy
Duncan (SC)
Ellmers
Emerson
Farenthold
Fincher
Flake
Fleischmann
Fleming
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Gardner
Garrett
Gibbs
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Griffin (AR)
Griffith (VA)
Grimm
Guinta
Guthrie
Hall
Hanna
Harper
Harris
Hartzler
Hastings (WA)
Hayworth
Heck
Hensarling
Herger
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (OH)
Johnson, Sam
Jordan
Kelly
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kline
Labrador
Lance
Landry
Lankford
Latham
LaTourette
Latta
LoBiondo
Long
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marino
McCarthy (CA)
McCaul
McClintock
McCotter
McHenry
McKeon
McKinley
McMorris Rodgers
Meehan
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mulvaney
Murphy (PA)
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Palazzo
Paul
Paulsen
Pearce
Pence
Petri
Pitts
Poe (TX)
Pompeo
Posey
Price (GA)
Quayle
Reed
Rehberg
Reichert
Renacci
Ribble
Rigell
Rivera
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross (FL)
Royce
Ryan (WI)
Scalise
Schilling
Schmidt
Schock
Schrader
Schweikert
Scott (SC)
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stearns
Stutzman
Terry
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner (OH)
Upton
Walberg
Walden
Walsh (IL)
Webster
West
Westmoreland
Whitfield
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Young (FL)
Young (IN)
NOT VOTING--35
Ackerman
Akin
Bilirakis
Clarke (NY)
Conyers
Crowley
Cummings
Engel
Flores
Gingrey (GA)
Gutierrez
Holden
Jackson (IL)
Johnson (IL)
Lamborn
Lewis (CA)
Lewis (GA)
Lofgren, Zoe
Markey
McCarthy (NY)
Meeks
Myrick
Pelosi
Peterson
Rangel
Sanchez, Linda T.
Stivers
Sullivan
Towns
Tsongas
Turner (NY)
Velazquez
Wasserman Schultz
Woolsey
Young (AK)
{time} 2246
Messrs. HUIZENGA of Michigan, BILBRAY, and ROSS of Florida changed
their vote from ``aye'' to ``no.''
Ms. HERRERA BEUTLER and Mr. PLATTS changed their vote from ``no'' to
``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Amendment Offered by Mr. McClintock
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from California
(Mr. McClintock) on which further proceedings were postponed and on
which the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 164,
noes 238, not voting 30, as follows:
[Roll No. 417]
AYES--164
Adams
Amash
Austria
Bachmann
Bachus
Barber
Barrow
Barton (TX)
Biggert
Bilbray
Bilirakis
Bishop (UT)
Black
Blackburn
Boustany
Brady (TX)
Broun (GA)
Buchanan
Bucshon
Buerkle
Burton (IN)
Camp
Campbell
Canseco
Cantor
Cassidy
Chabot
Chaffetz
Coble
Coffman (CO)
Conaway
Connolly (VA)
Culberson
Davis (KY)
Denham
Dent
DesJarlais
Doggett
Dold
Dreier
Duncan (SC)
Duncan (TN)
Fincher
Flake
Fleischmann
Fleming
Flores
Forbes
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Gardner
Garrett
Gerlach
Gingrey (GA)
Gohmert
Goodlatte
Gowdy
Graves (GA)
Green, Gene
Griffith (VA)
Grimm
Guinta
Hanna
Harris
Hastings (WA)
Hensarling
Herger
Himes
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson, Sam
Jones
Jordan
Kingston
Kinzinger (IL)
Kline
Labrador
Lance
Landry
Lankford
Latta
LoBiondo
Long
Lungren, Daniel E.
Mack
Manzullo
Marchant
McCarthy (CA)
McCaul
McClintock
McCotter
McHenry
McIntyre
Meehan
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mulvaney
Murphy (PA)
Neugebauer
Nugent
Nunes
Nunnelee
Olson
Paul
Paulsen
Pence
Petri
Poe (TX)
Polis
Pompeo
Posey
Price (GA)
Quayle
Reed
Reichert
Renacci
Ribble
Rigell
Roe (TN)
Rohrabacher
Rokita
Rooney
Roskam
Ross (FL)
Royce
Rush
Ryan (WI)
Scalise
Schmidt
Schweikert
Scott (SC)
Scott, Austin
Sensenbrenner
Sessions
Smith (NJ)
Smith (TX)
Southerland
Stearns
Stutzman
Terry
Thornberry
Tiberi
Turner (OH)
Upton
Walberg
Walden
Walsh (IL)
Webster
West
Westmoreland
Whitfield
Wilson (SC)
Wittman
Woodall
Yoder
Young (IN)
[[Page H4058]]
NOES--238
Aderholt
Alexander
Altmire
Amodei
Andrews
Baca
Baldwin
Barletta
Bartlett
Bass (CA)
Bass (NH)
Becerra
Benishek
Berg
Berkley
Berman
Bishop (GA)
Bishop (NY)
Blumenauer
Bonamici
Bonner
Bono Mack
Boren
Boswell
Brady (PA)
Braley (IA)
Brooks
Brown (FL)
Butterfield
Calvert
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Carter
Castor (FL)
Chandler
Chu
Cicilline
Clarke (MI)
Clay
Cleaver
Clyburn
Cohen
Cole
Conyers
Cooper
Costa
Costello
Courtney
Cravaack
Crawford
Crenshaw
Critz
Cuellar
Davis (CA)
Davis (IL)
DeFazio
DeGette
DeLauro
Deutch
Diaz-Balart
Dicks
Dingell
Donnelly (IN)
Doyle
Duffy
Edwards
Ellison
Ellmers
Emerson
Eshoo
Farenthold
Farr
Fattah
Filner
Fitzpatrick
Fortenberry
Fudge
Gallegly
Garamendi
Gibbs
Gibson
Gonzalez
Gosar
Granger
Graves (MO)
Green, Al
Griffin (AR)
Grijalva
Guthrie
Hahn
Hall
Hanabusa
Harper
Hartzler
Hastings (FL)
Hayworth
Heck
Heinrich
Herrera Beutler
Higgins
Hinchey
Hinojosa
Hirono
Hochul
Holt
Honda
Hoyer
Huelskamp
Israel
Jackson Lee (TX)
Johnson (GA)
Johnson (OH)
Johnson, E. B.
Kaptur
Keating
Kelly
Kildee
Kind
King (IA)
King (NY)
Kissell
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Lee (CA)
Levin
Lipinski
Loebsack
Lowey
Lucas
Luetkemeyer
Lujan
Lummis
Lynch
Maloney
Marino
Matheson
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McKeon
McKinley
McMorris Rodgers
McNerney
Michaud
Miller (NC)
Miller, George
Moore
Moran
Murphy (CT)
Nadler
Napolitano
Neal
Noem
Olver
Owens
Palazzo
Pallone
Pascrell
Pastor (AZ)
Pearce
Pelosi
Perlmutter
Peters
Pingree (ME)
Pitts
Platts
Price (NC)
Quigley
Rahall
Rehberg
Reyes
Richardson
Richmond
Rivera
Roby
Rogers (AL)
Rogers (KY)
Rogers (MI)
Ros-Lehtinen
Ross (AR)
Rothman (NJ)
Roybal-Allard
Runyan
Ruppersberger
Ryan (OH)
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schilling
Schock
Schrader
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Slaughter
Smith (NE)
Smith (WA)
Speier
Stark
Sutton
Thompson (CA)
Thompson (MS)
Thompson (PA)
Tierney
Tipton
Tonko
Van Hollen
Visclosky
Walz (MN)
Waters
Watt
Waxman
Welch
Wilson (FL)
Wolf
Womack
Yarmuth
Young (FL)
NOT VOTING--30
Ackerman
Akin
Burgess
Clarke (NY)
Crowley
Cummings
Engel
Gutierrez
Holden
Jackson (IL)
Johnson (IL)
Lamborn
Lewis (CA)
Lewis (GA)
Lofgren, Zoe
Markey
Meeks
Myrick
Peterson
Rangel
Sanchez, Linda T.
Stivers
Sullivan
Towns
Tsongas
Turner (NY)
Velazquez
Wasserman Schultz
Woolsey
Young (AK)
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 2251
MR. CONNOLLY of Virginia changed his vote from ``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Amendment Offered by Mr. Garrett
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from New Jersey
(Mr. Garrett) on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 160,
noes 243, not voting 29, as follows:
[Roll No. 418]
AYES--160
Adams
Alexander
Amash
Bachmann
Barletta
Barrow
Barton (TX)
Benishek
Biggert
Bilbray
Bishop (UT)
Black
Blackburn
Bonner
Bono Mack
Boustany
Brady (TX)
Brooks
Broun (GA)
Buchanan
Bucshon
Buerkle
Burgess
Burton (IN)
Camp
Campbell
Canseco
Cassidy
Chabot
Chaffetz
Coble
Coffman (CO)
Conaway
Costa
Cravaack
Denham
DesJarlais
Duffy
Duncan (SC)
Duncan (TN)
Emerson
Farenthold
Fincher
Flake
Fleischmann
Fleming
Flores
Foxx
Franks (AZ)
Gardner
Garrett
Gibbs
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Graves (GA)
Graves (MO)
Griffin (AR)
Guinta
Guthrie
Hall
Harris
Hartzler
Hensarling
Herger
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Jenkins
Johnson (OH)
Johnson, Sam
Jones
Jordan
Kelly
King (IA)
Kingston
Kinzinger (IL)
Kline
Labrador
Lance
Landry
Lankford
Latta
LoBiondo
Long
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marino
Matheson
McCarthy (CA)
McClintock
McCotter
McHenry
McIntyre
McKinley
McMorris Rodgers
Mica
Miller (FL)
Miller (MI)
Mulvaney
Murphy (PA)
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Palazzo
Paul
Paulsen
Pearce
Pence
Petri
Poe (TX)
Pompeo
Posey
Price (GA)
Quayle
Renacci
Ribble
Roe (TN)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Roskam
Ross (FL)
Royce
Ryan (WI)
Scalise
Schmidt
Schweikert
Scott (SC)
Scott, Austin
Sensenbrenner
Sessions
Smith (NE)
Smith (TX)
Southerland
Stearns
Stutzman
Terry
Tiberi
Upton
Walberg
Walsh (IL)
West
Westmoreland
Wilson (SC)
Woodall
Yoder
Young (IN)
NOES--243
Aderholt
Altmire
Amodei
Andrews
Austria
Baca
Bachus
Baldwin
Barber
Bartlett
Bass (CA)
Bass (NH)
Becerra
Berg
Berkley
Berman
Bilirakis
Bishop (GA)
Bishop (NY)
Blumenauer
Bonamici
Boren
Boswell
Brady (PA)
Braley (IA)
Brown (FL)
Butterfield
Calvert
Cantor
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Carter
Castor (FL)
Chandler
Chu
Cicilline
Clarke (MI)
Clay
Cleaver
Clyburn
Cohen
Cole
Connolly (VA)
Conyers
Cooper
Costello
Courtney
Crawford
Crenshaw
Critz
Cuellar
Culberson
Davis (CA)
Davis (IL)
Davis (KY)
DeFazio
DeGette
DeLauro
Dent
Deutch
Diaz-Balart
Dicks
Dingell
Doggett
Dold
Donnelly (IN)
Doyle
Dreier
Edwards
Ellison
Ellmers
Eshoo
Farr
Fattah
Filner
Fitzpatrick
Forbes
Fortenberry
Frank (MA)
Frelinghuysen
Fudge
Gallegly
Garamendi
Gerlach
Gibson
Gonzalez
Granger
Green, Al
Green, Gene
Griffith (VA)
Grijalva
Grimm
Hahn
Hanabusa
Hanna
Harper
Hastings (FL)
Hastings (WA)
Hayworth
Heck
Heinrich
Herrera Beutler
Higgins
Himes
Hinchey
Hinojosa
Hirono
Hochul
Holt
Honda
Hoyer
Israel
Issa
Jackson Lee (TX)
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kildee
Kind
King (NY)
Kissell
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Lee (CA)
Levin
Lipinski
Loebsack
Lowey
Lucas
Lujan
Lynch
Maloney
Matsui
McCarthy (NY)
McCaul
McCollum
McDermott
McGovern
McKeon
McNerney
Meehan
Michaud
Miller (NC)
Miller, Gary
Miller, George
Moore
Moran
Murphy (CT)
Nadler
Napolitano
Neal
Olver
Owens
Pallone
Pascrell
Pastor (AZ)
Pelosi
Perlmutter
Peters
Pingree (ME)
Pitts
Platts
Polis
Price (NC)
Quigley
Rahall
Reed
Rehberg
Reichert
Reyes
Richardson
Richmond
Rigell
Rivera
Roby
Rogers (AL)
Rogers (KY)
Ros-Lehtinen
Ross (AR)
Rothman (NJ)
Roybal-Allard
Runyan
Ruppersberger
Rush
Ryan (OH)
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schilling
Schock
Schrader
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Slaughter
Smith (NJ)
Smith (WA)
Speier
Stark
Sutton
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tierney
Tipton
Tonko
Turner (OH)
Van Hollen
Visclosky
Walden
Walz (MN)
Waters
Watt
Waxman
Webster
Welch
Whitfield
Wilson (FL)
Wittman
Wolf
Womack
Yarmuth
Young (FL)
NOT VOTING--29
Ackerman
Akin
Clarke (NY)
Crowley
Cummings
Engel
Gutierrez
Holden
Jackson (IL)
Johnson (IL)
Lamborn
Lewis (CA)
Lewis (GA)
Lofgren, Zoe
Markey
Meeks
Myrick
Peterson
Rangel
Sanchez, Linda T.
Stivers
Sullivan
Towns
Tsongas
Turner (NY)
Velazquez
Wasserman Schultz
Woolsey
Young (AK)
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 2255
So the amendment was rejected.
[[Page H4059]]
The result of the vote was announced as above recorded.
Amendment Offered by Mrs. Capps
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentlewoman from
California (Mrs. Capps) on which further proceedings were postponed and
on which the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 184,
noes 218, not voting 30, as follows:
[Roll No. 419]
AYES--184
Andrews
Baca
Bachmann
Baldwin
Barber
Barrow
Barton (TX)
Bass (CA)
Becerra
Berkley
Berman
Biggert
Bishop (GA)
Bishop (NY)
Blumenauer
Bonamici
Boren
Boswell
Brady (PA)
Braley (IA)
Brown (FL)
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Castor (FL)
Chandler
Chu
Cicilline
Clarke (MI)
Clay
Cleaver
Clyburn
Coble
Coffman (CO)
Cohen
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Critz
Cuellar
Davis (CA)
Davis (IL)
DeFazio
DeGette
DeLauro
Dent
Deutch
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Edwards
Ellison
Eshoo
Farr
Fattah
Filner
Fitzpatrick
Frank (MA)
Fudge
Garamendi
Gerlach
Gibson
Gonzalez
Green, Al
Green, Gene
Grijalva
Hahn
Hanabusa
Hastings (FL)
Heck
Heinrich
Higgins
Himes
Hinchey
Hinojosa
Hirono
Hochul
Holt
Honda
Hoyer
Israel
Jackson Lee (TX)
Johnson (GA)
Johnson, E. B.
Jones
Kaptur
Keating
Kildee
Kind
Kissell
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lipinski
Loebsack
Lowey
Lujan
Lynch
Maloney
Matheson
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McNerney
Michaud
Miller (NC)
Miller, George
Moore
Moran
Murphy (CT)
Nadler
Napolitano
Neal
Olver
Owens
Pallone
Pascrell
Pastor (AZ)
Pelosi
Perlmutter
Peters
Pingree (ME)
Polis
Price (NC)
Quigley
Rahall
Reyes
Richardson
Richmond
Rooney
Ross (AR)
Rothman (NJ)
Roybal-Allard
Runyan
Ruppersberger
Rush
Ryan (OH)
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schrader
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell
Sherman
Shuler
Sires
Slaughter
Smith (WA)
Speier
Stark
Sutton
Thompson (CA)
Thompson (MS)
Tierney
Tonko
Turner (OH)
Van Hollen
Visclosky
Walz (MN)
Waters
Watt
Waxman
Welch
Wilson (FL)
Yarmuth
NOES--218
Adams
Aderholt
Alexander
Altmire
Amash
Amodei
Austria
Bachus
Barletta
Bartlett
Bass (NH)
Benishek
Berg
Bilbray
Bilirakis
Bishop (UT)
Black
Blackburn
Bonner
Bono Mack
Boustany
Brady (TX)
Brooks
Broun (GA)
Buchanan
Bucshon
Buerkle
Burgess
Burton (IN)
Calvert
Camp
Campbell
Canseco
Cantor
Capito
Carter
Cassidy
Chabot
Chaffetz
Cole
Conaway
Cravaack
Crawford
Crenshaw
Culberson
Davis (KY)
Denham
DesJarlais
Diaz-Balart
Dold
Dreier
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Emerson
Farenthold
Fincher
Flake
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Gardner
Garrett
Gibbs
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Griffin (AR)
Griffith (VA)
Grimm
Guinta
Guthrie
Hall
Hanna
Harper
Harris
Hartzler
Hastings (WA)
Hayworth
Hensarling
Herger
Herrera Beutler
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (OH)
Johnson, Sam
Jordan
Kelly
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kline
Labrador
Lance
Landry
Lankford
Latham
LaTourette
Latta
LoBiondo
Long
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marino
McCarthy (CA)
McCaul
McClintock
McCotter
McHenry
McKeon
McKinley
McMorris Rodgers
Meehan
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mulvaney
Murphy (PA)
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Palazzo
Paul
Paulsen
Pearce
Pence
Petri
Pitts
Platts
Poe (TX)
Pompeo
Posey
Price (GA)
Quayle
Reed
Rehberg
Reichert
Renacci
Ribble
Rigell
Rivera
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Ros-Lehtinen
Roskam
Ross (FL)
Royce
Ryan (WI)
Scalise
Schilling
Schmidt
Schock
Schweikert
Scott (SC)
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stutzman
Terry
Thompson (PA)
Thornberry
Tiberi
Tipton
Upton
Walberg
Walden
Walsh (IL)
Webster
West
Westmoreland
Whitfield
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Young (FL)
Young (IN)
NOT VOTING--30
Ackerman
Akin
Clarke (NY)
Crowley
Cummings
Engel
Gutierrez
Holden
Jackson (IL)
Johnson (IL)
Lamborn
Lewis (CA)
Lewis (GA)
Lofgren, Zoe
Markey
Meeks
Myrick
Peterson
Rangel
Sanchez, Linda T.
Stearns
Stivers
Sullivan
Towns
Tsongas
Turner (NY)
Velazquez
Wasserman Schultz
Woolsey
Young (AK)
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 2259
So the amendment was rejected.
The result of the vote was announced as above recorded.
Stated against:
Mr. STEARNS. Madam Chair, on rollcall No. 419, I was unavoidably
detained. Had I been present, I would have voted ``no.''
Amendment Offered by Mr. Gosar
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Arizona
(Mr. Gosar) on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 179,
noes 224, not voting 29, as follows:
[Roll No. 420]
AYES--179
Adams
Alexander
Amash
Austria
Bachmann
Bachus
Barrow
Bartlett
Barton (TX)
Benishek
Bilbray
Bilirakis
Black
Blackburn
Bonner
Bono Mack
Boustany
Brady (TX)
Brooks
Broun (GA)
Buchanan
Bucshon
Buerkle
Burgess
Burton (IN)
Camp
Campbell
Canseco
Cantor
Cardoza
Cassidy
Chabot
Chaffetz
Coble
Coffman (CO)
Conaway
Costa
Culberson
Denham
DesJarlais
Dreier
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Emerson
Farenthold
Fincher
Flake
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Gallegly
Gardner
Garrett
Gibbs
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Graves (GA)
Graves (MO)
Griffin (AR)
Griffith (VA)
Hanna
Harper
Harris
Hartzler
Hensarling
Herger
Herrera Beutler
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (OH)
Johnson, Sam
Jones
Jordan
Kelly
King (IA)
Kingston
Kline
Labrador
Lance
Landry
Lankford
Latta
Long
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marino
Matheson
McCarthy (CA)
McCaul
McClintock
McCotter
McHenry
McIntyre
McMorris Rodgers
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mulvaney
Murphy (PA)
Neugebauer
Nugent
Nunes
Nunnelee
Olson
Palazzo
Paul
Paulsen
Pence
Petri
Pitts
Poe (TX)
Pompeo
Posey
Price (GA)
Quayle
Reichert
Renacci
Ribble
Rigell
Roby
Roe (TN)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Roskam
Ross (FL)
Royce
Runyan
Ryan (WI)
Scalise
Schmidt
Schweikert
Scott (SC)
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stearns
Stutzman
Thornberry
Tipton
Upton
Walberg
Walden
Walsh (IL)
Webster
West
Westmoreland
Wilson (SC)
Wittman
Woodall
Yoder
Young (FL)
Young (IN)
[[Page H4060]]
NOES--224
Aderholt
Altmire
Amodei
Andrews
Baca
Baldwin
Barber
Barletta
Bass (CA)
Bass (NH)
Becerra
Berg
Berkley
Berman
Biggert
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blumenauer
Bonamici
Boren
Boswell
Brady (PA)
Braley (IA)
Brown (FL)
Butterfield
Calvert
Capito
Capps
Capuano
Carnahan
Carney
Carson (IN)
Carter
Castor (FL)
Chandler
Chu
Cicilline
Clarke (MI)
Clay
Cleaver
Clyburn
Cohen
Cole
Connolly (VA)
Conyers
Cooper
Costello
Courtney
Cravaack
Crawford
Crenshaw
Critz
Cuellar
Davis (CA)
Davis (IL)
Davis (KY)
DeFazio
DeGette
DeLauro
Dent
Deutch
Diaz-Balart
Dicks
Dingell
Doggett
Dold
Donnelly (IN)
Doyle
Edwards
Ellison
Eshoo
Farr
Fattah
Filner
Fitzpatrick
Frank (MA)
Frelinghuysen
Fudge
Garamendi
Gerlach
Gibson
Gonzalez
Granger
Green, Al
Green, Gene
Grijalva
Grimm
Guinta
Guthrie
Hahn
Hall
Hanabusa
Hastings (FL)
Hastings (WA)
Hayworth
Heck
Heinrich
Higgins
Himes
Hinchey
Hinojosa
Hirono
Hochul
Holt
Honda
Hoyer
Israel
Jackson Lee (TX)
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kildee
Kind
King (NY)
Kinzinger (IL)
Kissell
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Lee (CA)
Levin
Lipinski
LoBiondo
Loebsack
Lowey
Lucas
Lujan
Lynch
Maloney
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McKeon
McKinley
McNerney
Meehan
Michaud
Miller (NC)
Miller, George
Moore
Moran
Murphy (CT)
Nadler
Napolitano
Neal
Noem
Olver
Owens
Pallone
Pascrell
Pastor (AZ)
Pearce
Pelosi
Perlmutter
Peters
Pingree (ME)
Platts
Polis
Price (NC)
Quigley
Rahall
Reed
Rehberg
Reyes
Richardson
Richmond
Rivera
Rogers (AL)
Rogers (KY)
Ros-Lehtinen
Ross (AR)
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schilling
Schock
Schrader
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell
Sherman
Shuler
Simpson
Sires
Slaughter
Smith (WA)
Speier
Stark
Sutton
Terry
Thompson (CA)
Thompson (MS)
Thompson (PA)
Tiberi
Tierney
Tonko
Turner (OH)
Van Hollen
Visclosky
Walz (MN)
Waters
Watt
Waxman
Welch
Whitfield
Wilson (FL)
Wolf
Womack
Yarmuth
NOT VOTING--29
Ackerman
Akin
Clarke (NY)
Crowley
Cummings
Engel
Gutierrez
Holden
Jackson (IL)
Johnson (IL)
Lamborn
Lewis (CA)
Lewis (GA)
Lofgren, Zoe
Markey
Meeks
Myrick
Peterson
Rangel
Sanchez, Linda T.
Stivers
Sullivan
Towns
Tsongas
Turner (NY)
Velazquez
Wasserman Schultz
Woolsey
Young (AK)
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 2303
So the amendment was rejected.
The result of the vote was announced as above recorded.
Amendment Offered by Mr. Broun of Georgia
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the first amendment offered by the gentleman from
Georgia (Mr. Broun) on which further proceedings were postponed and on
which the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 173,
noes 230, not voting 29, as follows:
[Roll No. 421]
AYES--173
Adams
Alexander
Amash
Bachmann
Barrow
Bartlett
Barton (TX)
Bass (NH)
Benishek
Bilbray
Bilirakis
Bishop (UT)
Black
Blackburn
Bono Mack
Boustany
Brady (TX)
Brooks
Broun (GA)
Buchanan
Bucshon
Buerkle
Burgess
Burton (IN)
Camp
Campbell
Canseco
Cassidy
Chabot
Chaffetz
Coble
Coffman (CO)
Conaway
Cravaack
Culberson
Denham
DesJarlais
Dreier
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Emerson
Farenthold
Fincher
Flake
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Gardner
Garrett
Gibbs
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Graves (GA)
Graves (MO)
Griffin (AR)
Griffith (VA)
Guinta
Guthrie
Hanna
Hartzler
Heck
Hensarling
Herger
Herrera Beutler
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (OH)
Johnson, Sam
Jones
Jordan
King (IA)
Kingston
Kline
Labrador
Lance
Landry
Lankford
Latta
LoBiondo
Long
Luetkemeyer
Lummis
Mack
Manzullo
Marchant
Marino
Matheson
McClintock
McCotter
McHenry
McMorris Rodgers
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mulvaney
Murphy (PA)
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Palazzo
Paul
Paulsen
Pence
Petri
Pitts
Poe (TX)
Pompeo
Posey
Price (GA)
Quayle
Reichert
Renacci
Ribble
Rigell
Roe (TN)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Roskam
Ross (FL)
Royce
Rush
Ryan (WI)
Scalise
Schilling
Schmidt
Schweikert
Scott (SC)
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stearns
Stutzman
Thornberry
Tiberi
Tipton
Upton
Walberg
Walden
Walsh (IL)
Webster
West
Westmoreland
Wilson (SC)
Wittman
Woodall
Yoder
Young (FL)
Young (IN)
NOES--230
Aderholt
Altmire
Amodei
Andrews
Austria
Baca
Bachus
Baldwin
Barber
Barletta
Bass (CA)
Becerra
Berg
Berkley
Berman
Biggert
Bishop (GA)
Bishop (NY)
Blumenauer
Bonamici
Bonner
Boren
Boswell
Brady (PA)
Braley (IA)
Brown (FL)
Butterfield
Calvert
Cantor
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Carter
Castor (FL)
Chandler
Chu
Cicilline
Clarke (MI)
Clay
Cleaver
Clyburn
Cohen
Cole
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Crawford
Crenshaw
Critz
Cuellar
Davis (CA)
Davis (IL)
Davis (KY)
DeFazio
DeGette
DeLauro
Dent
Deutch
Diaz-Balart
Dicks
Dingell
Doggett
Dold
Donnelly (IN)
Doyle
Edwards
Ellison
Eshoo
Farr
Fattah
Filner
Fitzpatrick
Frank (MA)
Frelinghuysen
Fudge
Gallegly
Garamendi
Gerlach
Gibson
Gonzalez
Granger
Green, Al
Green, Gene
Grijalva
Grimm
Hahn
Hall
Hanabusa
Harper
Harris
Hastings (FL)
Hastings (WA)
Hayworth
Heinrich
Higgins
Himes
Hinchey
Hinojosa
Hirono
Hochul
Holt
Honda
Hoyer
Israel
Jackson Lee (TX)
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kelly
Kildee
Kind
King (NY)
Kinzinger (IL)
Kissell
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Lee (CA)
Levin
Lipinski
Loebsack
Lowey
Lucas
Lujan
Lungren, Daniel E.
Lynch
Maloney
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul
McCollum
McDermott
McGovern
McIntyre
McKeon
McKinley
McNerney
Meehan
Michaud
Miller (NC)
Miller, George
Moore
Moran
Murphy (CT)
Nadler
Napolitano
Neal
Olver
Owens
Pallone
Pascrell
Pastor (AZ)
Pearce
Pelosi
Perlmutter
Peters
Pingree (ME)
Platts
Polis
Price (NC)
Quigley
Rahall
Reed
Rehberg
Reyes
Richardson
Richmond
Rivera
Roby
Rogers (AL)
Rogers (KY)
Ros-Lehtinen
Ross (AR)
Rothman (NJ)
Roybal-Allard
Runyan
Ruppersberger
Ryan (OH)
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schock
Schrader
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell
Sherman
Shuler
Shuster
Simpson
Sires
Slaughter
Smith (WA)
Speier
Stark
Sutton
Terry
Thompson (CA)
Thompson (MS)
Thompson (PA)
Tierney
Tonko
Turner (OH)
Van Hollen
Visclosky
Walz (MN)
Waters
Watt
Waxman
Welch
Whitfield
Wilson (FL)
Wolf
Womack
Yarmuth
NOT VOTING--29
Ackerman
Akin
Clarke (NY)
Crowley
Cummings
Engel
Gutierrez
Holden
Jackson (IL)
Johnson (IL)
Lamborn
Lewis (CA)
Lewis (GA)
Lofgren, Zoe
Markey
Meeks
Myrick
Peterson
Rangel
Sanchez, Linda T.
Stivers
Sullivan
Towns
Tsongas
Turner (NY)
Velazquez
Wasserman Schultz
Woolsey
Young (AK)
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 2307
So the amendment was rejected.
The result of the vote was announced as above recorded.
Amendment Offered by Mr. Broun of Georgia
The Acting CHAIR. The unfinished business is the demand for a
recorded
[[Page H4061]]
vote on the second amendment offered by the gentleman from Georgia (Mr.
Broun) on which further proceedings were postponed and on which the
noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 188,
noes 215, not voting 29, as follows:
[Roll No. 422]
AYES--188
Adams
Alexander
Amash
Bachmann
Bachus
Barrow
Bartlett
Barton (TX)
Bass (NH)
Benishek
Berg
Bilbray
Bilirakis
Bishop (UT)
Black
Blackburn
Bonner
Bono Mack
Boustany
Brady (TX)
Brooks
Broun (GA)
Buchanan
Bucshon
Buerkle
Burgess
Burton (IN)
Camp
Campbell
Canseco
Cantor
Cassidy
Chabot
Chaffetz
Coble
Coffman (CO)
Conaway
Cravaack
Crawford
Culberson
Denham
DesJarlais
Dreier
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Emerson
Farenthold
Fincher
Flake
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Gardner
Garrett
Gibbs
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Graves (GA)
Graves (MO)
Griffin (AR)
Griffith (VA)
Guinta
Guthrie
Hall
Hanna
Harper
Harris
Hartzler
Heck
Hensarling
Herger
Herrera Beutler
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (OH)
Johnson, Sam
Jones
Jordan
King (IA)
Kingston
Kinzinger (IL)
Kline
Labrador
Lance
Landry
Lankford
Latta
LoBiondo
Long
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marino
Matheson
McCarthy (CA)
McClintock
McCotter
McHenry
McIntyre
McMorris Rodgers
Mica
Michaud
Miller (FL)
Miller (MI)
Miller, Gary
Mulvaney
Murphy (PA)
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Palazzo
Paul
Paulsen
Pearce
Pence
Petri
Pitts
Poe (TX)
Polis
Pompeo
Posey
Price (GA)
Quayle
Reichert
Renacci
Ribble
Rigell
Roe (TN)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Roskam
Ross (FL)
Royce
Ryan (WI)
Scalise
Schilling
Schmidt
Schweikert
Scott (SC)
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stearns
Stutzman
Terry
Thornberry
Tipton
Upton
Walberg
Walden
Walsh (IL)
Webster
West
Westmoreland
Whitfield
Wilson (SC)
Wittman
Woodall
Yoder
Young (FL)
Young (IN)
NOES--215
Aderholt
Altmire
Amodei
Andrews
Austria
Baca
Baldwin
Barber
Barletta
Bass (CA)
Becerra
Berkley
Berman
Biggert
Bishop (GA)
Bishop (NY)
Blumenauer
Bonamici
Boren
Boswell
Brady (PA)
Braley (IA)
Brown (FL)
Butterfield
Calvert
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Carter
Castor (FL)
Chandler
Chu
Cicilline
Clarke (MI)
Clay
Cleaver
Clyburn
Cohen
Cole
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Crenshaw
Critz
Cuellar
Davis (CA)
Davis (IL)
Davis (KY)
DeFazio
DeGette
DeLauro
Dent
Deutch
Diaz-Balart
Dicks
Dingell
Doggett
Dold
Donnelly (IN)
Doyle
Edwards
Ellison
Eshoo
Farr
Fattah
Filner
Fitzpatrick
Frank (MA)
Frelinghuysen
Fudge
Gallegly
Garamendi
Gerlach
Gibson
Gonzalez
Granger
Green, Al
Green, Gene
Grijalva
Grimm
Hahn
Hanabusa
Hastings (FL)
Hastings (WA)
Hayworth
Heinrich
Higgins
Himes
Hinchey
Hinojosa
Hirono
Hochul
Holt
Honda
Hoyer
Israel
Jackson Lee (TX)
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kelly
Kildee
Kind
King (NY)
Kissell
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Lee (CA)
Levin
Lipinski
Loebsack
Lowey
Lucas
Lujan
Lynch
Maloney
Matsui
McCarthy (NY)
McCaul
McCollum
McDermott
McGovern
McKeon
McKinley
McNerney
Meehan
Miller (NC)
Miller, George
Moore
Moran
Murphy (CT)
Nadler
Napolitano
Neal
Olver
Owens
Pallone
Pascrell
Pastor (AZ)
Pelosi
Perlmutter
Peters
Pingree (ME)
Platts
Price (NC)
Quigley
Rahall
Reed
Rehberg
Reyes
Richardson
Richmond
Rivera
Roby
Rogers (AL)
Rogers (KY)
Ros-Lehtinen
Ross (AR)
Rothman (NJ)
Roybal-Allard
Runyan
Ruppersberger
Rush
Ryan (OH)
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schock
Schrader
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell
Sherman
Shuler
Shuster
Simpson
Sires
Slaughter
Smith (WA)
Speier
Stark
Sutton
Thompson (CA)
Thompson (MS)
Thompson (PA)
Tiberi
Tierney
Tonko
Turner (OH)
Van Hollen
Visclosky
Walz (MN)
Waters
Watt
Waxman
Welch
Wilson (FL)
Wolf
Womack
Yarmuth
NOT VOTING--29
Ackerman
Akin
Clarke (NY)
Crowley
Cummings
Engel
Gutierrez
Holden
Jackson (IL)
Johnson (IL)
Lamborn
Lewis (CA)
Lewis (GA)
Lofgren, Zoe
Markey
Meeks
Myrick
Peterson
Rangel
Sanchez, Linda T.
Stivers
Sullivan
Towns
Tsongas
Turner (NY)
Velazquez
Wasserman Schultz
Woolsey
Young (AK)
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 2310
So the amendment was rejected.
The result of the vote was announced as above recorded.
Amendment Offered by Mr. Broun of Georgia
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the fourth amendment offered by the gentleman from
Georgia (Mr. Broun) on which further proceedings were postponed and on
which the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 138,
noes 265, not voting 29, as follows:
[Roll No. 423]
AYES--138
Adams
Amash
Bachmann
Barrow
Bartlett
Barton (TX)
Bass (NH)
Benishek
Bishop (UT)
Black
Blackburn
Bono Mack
Boustany
Brady (TX)
Brooks
Broun (GA)
Bucshon
Buerkle
Burton (IN)
Campbell
Canseco
Chabot
Chaffetz
Coble
Conaway
Crawford
Culberson
DesJarlais
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Emerson
Farenthold
Fincher
Flake
Fleischmann
Fleming
Foxx
Franks (AZ)
Garrett
Gibbs
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Graves (GA)
Graves (MO)
Griffin (AR)
Griffith (VA)
Hall
Hanna
Hartzler
Heck
Hensarling
Herger
Herrera Beutler
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Johnson (OH)
Johnson, Sam
Jones
Jordan
King (IA)
Kingston
Kline
Labrador
Lance
Landry
Lankford
Latta
Long
Luetkemeyer
Lummis
Mack
Manzullo
Marchant
McClintock
McCotter
McHenry
McMorris Rodgers
Miller (FL)
Miller (MI)
Mulvaney
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Palazzo
Paul
Paulsen
Pence
Petri
Poe (TX)
Pompeo
Posey
Price (GA)
Quayle
Renacci
Ribble
Rigell
Roe (TN)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Roskam
Ross (FL)
Royce
Ryan (WI)
Scalise
Schilling
Schmidt
Schweikert
Scott (SC)
Scott, Austin
Sensenbrenner
Sessions
Smith (NE)
Smith (TX)
Southerland
Stearns
Stutzman
Thornberry
Walberg
Walden
Walsh (IL)
Westmoreland
Wilson (SC)
Woodall
Yoder
Young (IN)
NOES--265
Aderholt
Alexander
Altmire
Amodei
Andrews
Austria
Baca
Bachus
Baldwin
Barber
Barletta
Bass (CA)
Becerra
Berg
Berkley
Berman
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Blumenauer
Bonamici
Bonner
Boren
Boswell
Brady (PA)
Braley (IA)
Brown (FL)
Buchanan
Burgess
Butterfield
Calvert
Camp
Cantor
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Carter
Cassidy
Castor (FL)
Chandler
Chu
Cicilline
Clarke (MI)
Clay
Cleaver
Clyburn
Coffman (CO)
Cohen
Cole
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Cravaack
Crenshaw
Critz
Cuellar
Davis (CA)
Davis (IL)
Davis (KY)
DeFazio
DeGette
DeLauro
Denham
Dent
Deutch
Diaz-Balart
Dicks
Dingell
Doggett
Dold
Donnelly (IN)
Doyle
[[Page H4062]]
Dreier
Edwards
Ellison
Eshoo
Farr
Fattah
Filner
Fitzpatrick
Flores
Forbes
Fortenberry
Frank (MA)
Frelinghuysen
Fudge
Gallegly
Garamendi
Gardner
Gerlach
Gibson
Gonzalez
Granger
Green, Al
Green, Gene
Grijalva
Grimm
Guinta
Guthrie
Hahn
Hanabusa
Harper
Harris
Hastings (FL)
Hastings (WA)
Hayworth
Heinrich
Higgins
Himes
Hinchey
Hinojosa
Hirono
Hochul
Holt
Honda
Hoyer
Israel
Jackson Lee (TX)
Jenkins
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kelly
Kildee
Kind
King (NY)
Kinzinger (IL)
Kissell
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Lee (CA)
Levin
Lipinski
LoBiondo
Loebsack
Lowey
Lucas
Lujan
Lungren, Daniel E.
Lynch
Maloney
Marino
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul
McCollum
McDermott
McGovern
McIntyre
McKeon
McKinley
McNerney
Meehan
Mica
Michaud
Miller (NC)
Miller, Gary
Miller, George
Moore
Moran
Murphy (CT)
Murphy (PA)
Nadler
Napolitano
Neal
Olson
Olver
Owens
Pallone
Pascrell
Pastor (AZ)
Pearce
Pelosi
Perlmutter
Peters
Pingree (ME)
Pitts
Platts
Polis
Price (NC)
Quigley
Rahall
Reed
Rehberg
Reichert
Reyes
Richardson
Richmond
Rivera
Roby
Rogers (AL)
Rogers (KY)
Ros-Lehtinen
Ross (AR)
Rothman (NJ)
Roybal-Allard
Runyan
Ruppersberger
Rush
Ryan (OH)
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schock
Schrader
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Slaughter
Smith (NJ)
Smith (WA)
Speier
Stark
Sutton
Terry
Thompson (CA)
Thompson (MS)
Thompson (PA)
Tiberi
Tierney
Tipton
Tonko
Turner (OH)
Upton
Van Hollen
Visclosky
Walz (MN)
Waters
Watt
Waxman
Webster
Welch
West
Whitfield
Wilson (FL)
Wittman
Wolf
Womack
Yarmuth
Young (FL)
NOT VOTING--29
Ackerman
Akin
Clarke (NY)
Crowley
Cummings
Engel
Gutierrez
Holden
Jackson (IL)
Johnson (IL)
Lamborn
Lewis (CA)
Lewis (GA)
Lofgren, Zoe
Markey
Meeks
Myrick
Peterson
Rangel
Sanchez, Linda T.
Stivers
Sullivan
Towns
Tsongas
Turner (NY)
Velazquez
Wasserman Schultz
Woolsey
Young (AK)
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 2315
So the amendment was rejected.
The result of the vote was announced as above recorded.
Mr. LATHAM. Madam Chairman, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
West) having assumed the chair, Mrs. Roby, Acting Chair of the
Committee of the Whole House on the state of the Union, reported that
that Committee, having had under consideration the bill (H.R. 5972)
making appropriations for the Departments of Transportation, and
Housing and Urban Development, and related agencies for the fiscal year
ending September 30, 2013, and for other purposes, had come to no
resolution thereon.
____________________